HomeMy WebLinkAboutReel 1249 (3/01/1993 - 3/14/94)CAM~
OPERATION
R[PORT
IN~PE~'T1ON
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ACTION:
used for a sanitary landfill, pursuant to Section 2.1-344
(A)(3), Code of Virginia (1950), as amended. The motion
was seconded by Mr. McCadden and adopted by the following
vote:
AYES: Council Members White,
McCadden, Musser and Mayor Bowers
Bowles, Harvey,
--6.
NAYS: None ........
(Council Member Edwards was absent.)
TRAFFIC-STATE HIGHWAYS: A communication from
Mayor David A. Bowers transmitting correspondence from
the Virginia Department of Transportation advising that
at its meeting on January 20, 1994, the Commonwealth
Transportation Board of Virginia approved the location
and major design features of the Route ll/Brandon Avenue
Project, as proposed and presented at the October 28,
1992, public hearing with modifications in the final
design phase to provide a bicycle facility within the
proposed typical section, and agreed to study the
feasibility of reducing the raised concrete island on the
approach leg of Peters Creek Road, was before Council.
(For full text, see communications on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communications be
received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None
e
(Council Member Edwards was absent.)
OATHS OF OFFiCE-COMMITTEES-ROANOKEARTS COMMISSION:
A communication from Mimi Hodgin, Chairperson, Roanoke
Arts Commission, advising of the resignations of Melody
Stovall and Fletcher Nichols as members of the Roanoke
Arts Commission, effective immediately, was before
Council.
(For full text, see communication on file in the City
Clerk's Office.)
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ACTION:
Mrs. Bowles moved that the communication be received
and filed and that the resignations be accepted with
regret. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None---
e
(Council Member Edwards was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: A communication from Jan P. Wilkins
tendering his resignation as a member of the Roanoke
Neighborhood Partnership Steering Committee, effective
immediately, was before Council.
(For full 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. McCadden and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None
Om
(Council Member Edwards was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: A communication from Mary Lou Lear
tendering her resignation as a member of the Roanoke
Neighborhood Partnership Steering Com~nittee, effective
immediately, was before Council.
(For full 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 s~conded by Mr. McCadden and
adopted by the following vote:
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ACTION:
AYES: Council Members White, Bowles,
McCadden, Musser and Mayor Bowers ---
Harvey,
6.
NAYS: None-- 0.
(Council Member Edwards was absent.)
OATHS OF OFFICE-COMMITTEES-AIR POLLUTION CONTROL:
A report of qualification of Versal R. Dearing as a
member of the Advisory and Appeal Board, Air Pollution
Control, for a term ending December 31, 1997, was before
Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden, Musser and Mayor Bowers- 6.
NAYS: None 0.
(Council Member Edwards was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY:
John R. Hubbard, Chief Executive Officer, Roanoke Valley
Resource Authority, appeared before Council and presented
the City with a replica of the "Waste Line Express" in
recognition of the City's dedication, leadership and
assistance in developing new waste disposal facilities.
On behalf of the Members of Council, the Mayor
expressed appreciation, and advised that the remarks of
Mr. Hubbard would be received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-CMERP-SCHOOLS: A communication from the
Roanoke City School Board requesting that Council
appropriate $75,000.00 from the 1993-94 Capital
Maintenance and Equipment Replacement Fund to be used for
repair of weather related damages to the roof at
Perstnger Hall, Patrick Henry High School, was before the
body.
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ACTION:
A report of the Director of Finance advising that
the request will appropriate $75,000.00 from the
$1,227,920.00 school portion of Capital Maintenance and
Equipment Replacement Program funds; and the item
presently before Council represents the third request for
appropriation of fiscal year 1993-94 CMERP funds, leaving
a remaining balance of $238,755.00, was also before
Council.
The Director of Finance recommended that Council
concur in the request.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. White offered the following emergency budget
ordinance:
(#31851-020794) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 School Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 540.)
Mr. White moved the adoption of Ordinance No. 31851-
020794. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White,
McCadden, Musser and Mayor Bowers
NAYS: None
Bowles, Harvey,
6.
(Council Member Edwards was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-FDETC: The City Manager submitted a
written report advising that the Fifth District
Employment and Training Consortium was awarded Title III
Program Year carryover funding from July 1, 1992 to
June 30, 1993 to serve dislocated workers with planned
programs which include on-the-job training, classroom
training, customized training, remedial education and Job
467
placement activities: that Title II-A carry-over funding
from Program Year 1992-93 was awarded to provide the full
range of programs and services; that the Consortium was
granted permission to transfer Title II-B and II-A funds
to the Title II-C Program; and the City is the grant
recipient for Consortium funding and Council must
appropriate funding for all grants received by the Fifth
District Employment and Training Consortium.
It was further advised that the Governor's
........ Er~oyment and Training Department (GETD) has sent the
follo~ng Notices of Award to the Fifth District
Employm'ent and Training Consortium:
Notice of Award No. E-02, in the amount of
$55,831.00, in Title III carry-over funding
for the July 1, 1993 to June 30, 1994 program
year;
Notice of A~rd No. E-03, in the amount of
$150,000.00, '~n Title III Governor's Reserve
funding for p~ogram year 1993;
Notice of Award No. 94-03-03, in the amount of
$64,552.00, in Title II-A carry-over funding
for program year 1993; and
Notice of Award No. 94-03-04 permitting
a transfer of $98,198.00 from Title II-A and
II-B Programs to Title II-C for program year
1993.
The City Manager recommended that Council
appropriate additional funding for the Fifth District
Employment and Training Consortium, in the amount of
$270,383.00; transfer $98,198.00, and increase the
revenue estimate by $270,383.00 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:
(#31852-020794) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 541.)
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ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
31852-020794. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None-- 0.
(Council Member Edwards was absent.)
POLICE DEPARTMENT-CITY EMPLOYEES: The City Manager
submitted a written report advising that Resolution No.
4748 adopted by Council on February 28, 1936, established
a policy for payment of a salary supplement to injured
employees in the Fire and Police Departments for a period
of 60 days; that the intent of the salary supplement was
to ensure that a police officer or firefighter will
receive his full salary if an accident occurs on the job
and causes the employee to lose time from work; that
Police Sgt. William Moser suffered significant job
related injuries on January 23, 1991, in a vacant
building when he fell through an opening in the floor
covered with plastic and into the basement; that the
accident was accepted by the City Workers' Compensation
Program; and Council approved supplemental salary
payments to Sgt. Moser inasmuch as it was clear that he
would qualify for the benefit by being unable to work
after 60 days.
It was explained that a rehabilitation plan to bring
Sgt. Moser back into the work environment was designed by
a rehabilitation therapist retained by the City, which
plan was reviewed by Sgt. Moser and his doctors prior to
implementation; that Sgt. Moser began modified duty in
July 1992 performing computer data entry in the City's
warehouse; that Sgt. Moser has filed a lawsuit in the
Circuit Court for the City of Roanoke against various
parties involved in the ownership and renovation of the
building in which the accident occurred; that it is the
contention of Sgt. Moser that the defendants knew, or had
reason to know, of the unreasonably dangerous condition
of the premises and failed to take steps to prevent the
accident; that the local court recently ruled that the
lawsuit does not state a valid claim against the
defendants because of a doctrine of law known as
"Fireman's Rule" which, in very general terms, exempts
the owner of real property from liability for injuries to
police officers or firefighters who enter the premises in
order to perform a public function; that Sgt. Moser's
469
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ACTION:
attorney has advised that he intends to appeal the
decision; that it will be several months before the
Supreme Court of Virginia will decide whether or not to
accept the appeal; and if the appeal is accepted, a final
decision could take several additional months.
It was pointed out that Sgt. Moser's rehabilitation
through modified duty ended in January 1993; that
vocational training will continue at the warehouse
through June 30, 1994, to allow Sgt. Moser to complete an
extensive physical therapy program; that it is necessary
for Council to authorize an extension of salary
supplements; and continuing salary supplements until
June 30, 1994, will permit the vocational program to be
implemented and evaluated.
The City Manager recommended that Council authorize
salary supplements for Sgt. Moser until June 30, 1994, or
until such employee returns to a normal job function,
whichever shall first occur.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31853-020794) A RESOLUTION extending the pay
benefits provided for by Resolution No. 4748 for a
certain employee of the Police Department.
(For full text of Resolution, see Resolution Book No. 55,
page 543.)
Mr. Harvey moved the adoption of Resolution No.
31853-020794. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
6.
McCadden, Musser and Mayor Bowers ...............
NAYS: None
(council Member Edwards was absent.)
TRAFFIC-STATE HIGHWAYS-STREETS AND ALLEYS: The City
Manager submitted a written report advising that the Code
of Virginia establishes eligibility criteria of
localities for receiving funds from the Virginia
Department of Transportation (VDOT) for street
maintenance, which specifies two functional
classifications of highways (Principal/Minor Arterials
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ACTION:
and Collector/Locals) and establishes a base payment rate
per lane mile for each classification of roadway; that
the rates are adjusted annually by VDOT based upon a
statewide maintenance index of unit costs for labor,
equipment and materials used by VDOT on roads and
brid§es; and City eligibility for fiscal year 1993-94 is
approximately $6,489,873.00 in street maintenance
payments from VDOT, which funds are used for certain
maintenance expenditures that the City incurs for
streets, sidewalks, curb and gutter, traffic signals,
bridges, signs and pavement markings.
It was further advised that inventory additions need
to be submitted to the Virginia Department of
Transportation prior to April 1, 1994, in order to be
eligible for payment for the next fiscal year; that
additions are to be submitted on VDOT forms with an
accompanying resolution from City Council; that City
staff has found that Blue Hills Circle, N. E., should be
submitted to VDOT prior to April 1, 1994, to enable
eligibility for payment in the next fiscal year; and
approval of this addition to the street inventory could
increase current year payment rates by $4,055.00.
The City Manager recommended that he be authorized
to submit a street inventory for State maintenance
payment eligibility to the Virginia Department of
Transportation (VDOT), upon forms prescribed by VDOT for
approval by the Commonwealth Transportation Board.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31854-020794) 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 VDOT for approval by the Commonwealth
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. 55,
page 545.)
Mr. Musser moved the adoption of Resolution No.
31854-020794. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
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AYES: Council Members White, Bowles, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None 0.
(Council Member Edwards was absent.)
BUDGET-TRAFFIC-CMERP-WATER RESOURCES-STREETS AND
ALLEYS: The City Manager submitted a written report
advising that the paving of Main Street, S. W., from
Brandon Avenue to Wasena Avenue was originally planned
for the 1993 Paving Program due to pavement condition;
that water line construction in this portion of Main
Street, as part of the overall Carvins Cove Water
Transmission Line Project, necessitated that repaving
Main Street be deferred until 1994; and neighborhood
streets adjacent to Main Street, which were also in need
of paving, were repaved in 1993 as a substitute for Main
Street in order to use the quantities available in that
specific paving contract.
It was further advised that the Tour DuPont bicycle
race scheduled for May 9, 1994, incorporates the
abovedescribed segment of Main Street in its route; that
the roadway condition was made worse by the waterline
project and is presently unacceptable for a bicycle race;
that the May 9, 1994 race date occurs earlier than the
annual paving contract start date which is generally
late-May to early-June; that three bids for profiling and
repaving Main Street, S. W., were received after due and
proper advertisement; and the lowest bid, in the amount
of $79,353.50, was submitted by S. R. Draper Paving
Company.
The City Manager recommended that Council approve
the following actions:
award a contract to S. R. Draper Paving
Company, on a unit price basis, in the amount
of $79,353.50;
transfer $79,353.50 from the Capital
Maintenance and Equipment Replacement Program
to Street Paving Account No. 001-052-4120-
2010; and
reject all other bids received by the City.
(For full text, see report on file in the City Clerk's
Office.)
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ACTION:
ACTION:
Mr. McCadden offered the following emergency budget
ordinance:
(#31855-020794) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 545.)
Mr. McCadden moved the adoption of Ordinance No.
31855-020794. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None- 0.
(Council Member Edwards was absent.)
Mr. McCadden offered the following
ordinance:
emergency
(#31856-020794) AN ORDINANCE accepting the bid of
S. R. Draper Paving Company for repaying Main Street,
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. 55,
page 546.)
Mr. McCadden moved the adoption of Ordinance No.
31856-020794. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None 0.
(Council Member Edwards was absent.)
POLICE DEPARTMENT-PUBLIC WORKS-CMERP-FLEET
MAINTENANCE FUND-EQUIPMENT: The City Manager submitted
a written report advising that the Capital Maintenance
and Equipment Replacement Program has identified the need
for replacement of 15 Police automobiles and emergency
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~NOKE CITY
~f the City Clerk
ouncil Journal
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REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
March 1, 1993
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, March 1,
1993, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Begular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members William White, Sr., Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Delvis O.
McCadden and Mayor David A. Bowers ....... 6.
ABSENT: Council Member Howard E. Musser-
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Rltchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Acting 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 M&yor Bowers.
BID OPENINGS
PARKS AND RECREATION-FIRE DEPARTMENT-DISABLED
PERSONS: Pursuant to notice of advertisement for bids
for compliance for the disabled at Southeast Action Forum
(Old Fire Station No. 6) and Villa Heights Recreation
Center, said bids to be received by the City Clerk until
1:30 p.m., on Monday, March 1, 1993, 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
R.B.S. Building Management
Claude Erps Construction Co.
$12,590.00
17,832.00
ACTION=
Construction Services of Roanoke, Inc.
Williams Painting and Remodeling, Inc.
McDowell Building Services, Inc.
Derr Construction Co., Inc.
Acorn Construction, Ltd.
H & S Construction Co.
18,530.00
18,998.00
19,980.00
22,784.00
29,995.00
35,000.00
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. McCadden and adopted. ¥.~
The Mayor appointed William White, Sr., Chairperson,
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
the Consent Agenda and considered separately. H6-called
specific attention to three requests for Executive
Sessions to discuss vacancies on various authorities~
boards, commissions and committees appointed by Council;
a personnel matter, being the appointment of a specific
public officer; and a matter with regard to location of
an existing business when no previous announcement has
been made of the business' interest in expanding in the
community.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
ACTION:
(For full text, see communication on file in the City
Clerk's Office.)
U~. 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. McCadden and adopted by the following vote:
3
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS= None
(Council Member Musser was absent.)
CAPITAL IMPROVEMENTS PROGRAM-AMTRAK-HOTEL ROANOKE
CONFERENCE CE~ER-TOURISM: A communication-from Mayor
David A. Bowers recommending that certain items be
included in the City's Capital Improvement Program.~or
fiscal year 1993-94, was before Council.
The Mayor advised that at the City Council Summit
held on February 10, 1993, the Administration requested
Council's thoughts as to items that should be listed on
the Capital Improvement Program for the City of Roanoke
for the upcoming year; that it is his opinion that the
citizens of Roanoke would like for Council to respond to
the needs for developing the tourism industry in Roanoke;
that efforts made by Council over the last several months
in putting together the financial package for the Hotel
Roanoke renovation and the development of the Conference
Center are the centerpiece of the tourism initiative;
that the City needs to enhance the Hotel Roanoke project
by helping to make downtown Roanoke more of a
"destination Center" for tourists and conventioneers
visiting Roanoke; and, therefore, he proposed that the
City target and focus attention on that area and make an
effort to enhance the Transportation Museum, develop the
railside linear park and downtown streetcar plan, and
bring AMTRAK into the City.
The Mayor proposed that the City continue its budget
supplement to the Transportation Museum, and provide an
additional $1 million in the Capital Improvement Program
for improvements at the Museum, matched with a $1 million
fund raising drive from the Museum itself, and request
that other valley governments participate in this effort.
Secondly, the Mayor advised that he met with an
official representing the Virginia Department of Rail
regarding the possibility of ISTEA funding for Roanoke's
downtown streetcar, who might be helpful to the City in
getting Federal Transportation funds through the Virginia
Department of Transportation or another agency of the
Commonwealth to develop the project. He called attention
to the importance of tying in the Hotel Roanoke, the
skywalk, the City Market and the Transportation Museum,
noting that the concept of a linear park and a downtown
streetcar will accomplish that goal.
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Finally, the Mayor stated that he met with the
President of AMTRAK regarding the proposed extension of
AMTRAK passenger service through southwest Virginia and
East Tennessee, and requested the assistance of Council
in pursuing this initiative by meeting with municipal
leaders from southwest Virginia and east Tennessee in an
effort to develop a lobbying campaign to encourage AMTRAK
to extend service; and the AMTRAK station could be housed
in the Transportation Museum, however, it is not the most
pressing issue facing the City inasmuch as,:~e President
and Congress will have to provide AMTRAK w~%h additional
funds in order to extend the southwest Virginia line and
other proposed lines throughout the country.
(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. McCadden and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers-- 6.
NAYS: None' 0.
(Council Member Musser was absent.)
Mr. Fitzpatrick moved that the City Attorney be
requested to prepare the proper measure in support of
AMTRAKextension to Roanoke. The motion was seconded by
Mr. Harvey and adopted.
REFUSE COLLECTION: A communication from Jeffrey A.
Cromer, Solid Waste Disposal Manager, transmitting the
budget summary, revenue and tonnage projections for the
Roanoke Valley Regional Solid Waste Management Board for
the three month period of July 1, 1993 to September 30,
1993, in accordance with Section 10(c) of the Roanoke
Valley Regional Landfill Agreement, advising that the
budget includes a $10.00 per ton increase in tipping
fees, effective July 1, 1993; and tipping fees will
increase to $30.00 per. ton for local governments and
$35.00 per ton for private and commercial haulers, was
before Council.
(For full text, see communication on file in the City
Clerk's Office.)
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ACTION=
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Mrs. Bowles moved that the communication and
proposed budget be received and filed. The motion was
seconded by Mr. McCadden and adopted by the following
vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None-- 0.
(Council Member Musser was absent.)
FENDING LIST: A list of items pending from July 10,
1978, through February 22, 1993, 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. McCadden and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
2~arvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
COMMITTEES-MOTEL ROANOKE CONFERENCE CENTER= A report
of qualification of James D. Grisso as a member of the
Hotel Roanoke Conference Center Commission to fill the
unexpired term of Joel M. Schlanger, resigned, ending
April 12, 1996, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(cOuncil Member Musser was absent.)
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ACTION:
ACTION=
COUNCIL: An oral request of Vice-Mayor Fitzpatrick
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
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. McCadden and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers- 6.
NAYS: None 0.
(Council Member Musser was absent.)
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss a
matter with regard to location of an existing business
when no previous announcement has been made of the
business' interest in expanding in the community,
pursuant to Section 2.1-344 (A)(5), 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 location of an existing
business when no previous announcement has been made of
the business' interest in expanding in the community,
pursuant to Section 2.1-344 (A)(5), Code of Virginia
(1950), as amended. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None-- 0.
(Council Member Musser was absent.)
7
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMMITTEES-ROANOKE CIVIC CENTER: Vernon R.
Danielson, Chairperson, Roanoke Civic Center Commission,
presented a mini-annual report, advising that the Civic
Center is a multi-use facility catering to a broad
variety of events and persons. He stated that in 1992,
more than 200 events were presented to over 460,000
patrons, of which 274,000 were from Roanoke City, and
186,000 were from outside of the City, and the facility
was used between 70 to 75 per cent of the total days of
the year. He added that spending by patrons from outside
of Roanoke was approximately $19,250,000.00 for hotels,
transportation, meals, etc., with another $750,000.00 in
ticket sales, which produced a tax revenue for the City
that did not pass through Civic Center books of
approximately $1,350,000.00 in sales tax, food tax,
transient lodging tax, gasoline tax, etc. He added that
operating revenue from ticket sales and rentals, etc.,
generated approximately $1,300,000.00, and operating
expenses were approximately $1,700,000.00, for a Civic
Center deficit of $400,000.00.
Mr. Danielson advised that the Civic Center, within
the last year, was given the responsibility of selling
tickets and booking certain events into Victory Stadium
which are considered to be outside of normal sporting
events; that Victory Stadium will seat approximately
25,000 people when filled to capacity, and if a major
music event is booked, with seats selling for
approximately $20.00 per ticket, $500,000.00 in revenue
could be produced, and it is believed that the City
stands to profit between $75,000.00 and $100,000.00. He
explained that Civic Center staff is working on
scheduling a major event at Victory Stadium this year and
would propose that revenue be used to support some of the
renovations at Victory Stadium that have been proposed by
Council Member McCadden in an effort to return Victory
Stadium to a better state of maintenance.
In connection with the Hotel Roanoke Conference
Center, Mr. Danielson stated that it will be important
for the Hotel and the Civic Center to work together
closely inasmuch as events will be booked into both
facilities that will affect the other. He further stated
that he has spoken with Council Member Harvey,
Chairperson of the Hotel Roanoke Conference Center
Commission, who agrees that it would be advantageous in
certain instances when there are discussions that effect
8
both facilities for a member of the Civic Center
Commission to be invited to meetings of the Hotel Roanoke
Conference Center Commission to provide necessary
coordination.
Mr. Danielson pointed out that the Civic Center is
in need of certain improvements in order to continue to
be a viable facility for citizens and for events from
outside of the Roanoke Valley; viz: the stage floor in
the Auditorium needs to be-replaced, a new orchestra
shell is needed, the parking lot needs to be resurfaced,
and some of the sidewalks are in a state of disrepair to
the point where they could be potentially dangerous.
Mr. Danielson explained that a new parking policy
was recently adopted that will bring the facility in line
with inflation whereby a $2.00 per car fee will be
charged for any event for which admission is more than
$5.00; that the parking fee will remain at $1.00 per car
for those events in which admission is less than $5.00,
and in those instances where there is no charge for an
event, there will be no charge for parking.
Mr. Harvey referred to previous discussJnns with
regard to Victory Stadium and the location of the
speakers, and pointed out that prior to scheduling events
that generate loud noise such as rock concerts, the
speakers should be relocated.
Without objection by Council, the Mayor advised that
the remarks of Mr. Danielson would be received and filed
and made a part of the official record.
TAXES-NEIGHBORHOOD ORGANIZATIONS-SPECIAL PERMITS-
ZONING: Mr. Charles Overstreet, President, Williamson
Road Area Business Association, requested adoption of an
ordinance establishing a Special Service District along
the Williamson Road corridor from Orange Avenue to
Hershberger Road. He stated that the Association has
spent considerable time on the request; that much has
bee~ accomplished during the past year, and it is felt
that establishment of the Special Service District will
lead to a comeback for the Wtlliamson Road area. He
added that a detailed work plan was submitted to the
City's Economic Development Department and a detailed map
was submitted to the City Engineer's Office.
During a discussion of the request, Mr. Overstreet
advised that there are approximately 230 property owners
on Williamson Road and 106, or 46 per cent, have signed
endorsements in favor of the Special Service District.
ACTION~
ACTION=
Following discussion of the request, Mr. Fitzpatrick
moved that Council hold a public hearing on Monday,
April 12, 1993, at 7:30 p.m., or soon thereafter as the
matter may be heard. The motion was seconded by Mrs.
Bowles and unanimously adopted.
Mr. Harvey stated that prior to the public hearing,
more work should be done in order to increase the
percentage of property owners in favor of the request.
The Mayor requested that a breakdown be prepared as to
the value and total amount of acreage of those properties
along Wllliamson Road, the owners of which are in favor
of the request, as well as those properties that oppose
the creation of the Special Service District.
PETITIONS AND COMMUNICATIONS:
BUDGET-CAPITAL IMPROVEMENTS PROGRAM-SCHOOLS: A
communication from the Roanoke City School Board
requesting that Council appropriate $2,584.00 for the
Title II-A OK Project; and $44,361.00 from the 1992-93
Capital Maintenance and Equipment Replacement Program to
be used for roof replacement at Woodrow Wilson Middle
School and Virginia Heights Elementary School, was before
the body.
A report of the Acting Director of Finance advising
that $843,967.00 was previously appropriated from the
fiscal year 1992 Capital Maintenance and Equipment
Replacement Program funding of $1,285,089.00, which will
leave an unappropriated balance of $396,761.00; and
recommending that Council concur in the request of the
School Board, was also before the body.
(For full text, see report and communication on file in
the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31356-030193) AN 0RDINANCE to amend and reordain
certain sections of the 1992-93 Grant and General Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 387.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31356-030193. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers ---6.
NAYS: None 0.
(Council Member Musser was absent.)
At this point, 2:45 p.m., Council Member White left
the meeting.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECO~94ENDED FOR ACTION:
CITY CODE-REFUSE COLLECTION-FEE COMPENDIUM: The
City Manager submitted a written report advising that
refuse collection and disposal is a basic service that
the City provides to its citizens; that expenditures in
the current fiscal year are expected to exceed $4
million~ that backyard collection service is provided by
City crews to those residents not served by alleys; that
many residents voluntarily set their own refuse to the
street for weekly collection, which approximately 30 per
cent of City residents receive backyard collection by
City crews; that the City of Roanoke is the only locality
in the Roanoke Valley and the only locality in the
Commonwealth of Virginia which has been identified that
provides a no-fee refuse collection service with backyard
pickup; and solid waste disposal costs are expected to
increase significantly in the next two years with the
opening of a new regional landfill and transfer station.
It was eaplained that a citizen survey conducted in
the spring of 1992 in connection with the City's budget
indicated broad-based support for the City to modify its
refuse collection service to require residents to place
their solid waste at the street or alley for pickup by
City crews; that significant cost savings could be used
to expand State mandated recycling programs and offset
the anticipated increase in disposal fees; and the City
Administration presented a briefing to Council on Monday,
June 15, 1992, on a proposal for curbside/ alleyside
refuse collection.
The City Manager recommended that Council authorize
implementation of curbside/alleyside refuse collection
service on or before June 1, 1993, advising that there
11
ACTION=
will be an overall annual reduction In the refuse
collection budget of $368,000.00 from the reduction of
labor cost and equipment needed for the service, a
portion of which will be used to offset the State
mandated recycling program, or a net reduction of
$226,000.00 upon full implementation; that a program of
carry-out service will be provided at no adaitional cost
to those residents who are unable to bring household
waste to the street due to physical limitations, and for
those residents desiring to continue to receive
additional carry-out service from their backyard by City
personnel, a fee service will be available; and the
program will ultimately result in a work force reduction
of 13 employee positions, although it is recommended that
no existing personnel be terminated, with staff
reductions to be realized through attrition.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(#31357-030193) AN ORDINANCE amending and
reordaining Section 14-16, Placement for collection
generally, of Article II, Collection by City, of Chapter
14, Garbage and Refuse, of the Code of the City of
Roanoke (1979), as amended, relating to curbside/
alleyside refuse collection service; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 388.)
Mrs. Bowles moved the adoption of Ordinance No.
31357-030193. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden and Mayor Bowers- · ....... 5.
NAYS: None-
(Council Members Musser and White were absent.)
Mrs. Bowles offered the following resolution:
12
ACTIONs
(131358-030193) A RESOLUTION establishing certain
fees, rates, assessments and charges to be levied by the
City on and after June 1, 1993.
(For full text of Resolution, see Resolution Book No. 54,
page 391.)
Mrs. Bowles moved the adoption of Resolution No.
31358-030193. The motion was seconded by Mr. Fitzpatrick
and adopted by the following votes
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden and Mayor Bowers ......... 5.
NAYS: None 0.
(Council Members Musser and White were absent.)
POLICE DEPARTMENT-WORKERS COMPENSATION-CITY
EMPLOYEES: The City Manager submitted a written report
advising that Resolution No. 4748, adopted by Council on
February 28, 1936, established a policy for payment of a
salary supplement to injured employees in the Fire and
Police Departments for a period of 60 days; that the
intent of the salary supplement was to ensure that a
police officer or firefighter receives his or her full
salary If an accident occurred on the Job and caused the
employee to lose time from work; that Sergeant William
Moser, an employee in the Police Department, suffered Job
related injuries in a vacant building that was in the
process of rehabilitation on January 23, 1991; that the
accident was accepted by the City's Workers' Compensation
Program; and Council approved supplemental salary
payments to Sgt. Moser.
It was further advised that a rehabilitation plan to
bring Sgt. Moser back into the work environment was
designed by a rehabilitation therapist who was retained
by the City; that the plan was reviewed by Sgt. Moser and
his doctors prior to implementation; that Sgt. Moser
began modified duty in July 1992 working in the City's
warehouse performing computer data entry; that
rehabilitation through modified duty ended in January
1993, and vocational training will continue at the
warehouse until August 31, 1993; that authorization to
extend salary supplements must be approved by Council;
and continuation of salary supplements until August 31,
1993, will permit the vocational program to be
implemented and evaluated.
13
ACTION:
The City Manager recommended that Council authorize
salary payments to Sgt. Moser until August 31, 1993, or
until he returns to a normal Job function, whichever
occurs first.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31359-030193) A RESOLUTION extending the pay
benefits provided for by Resolution No. 4748 for a
certain employee of the Police Department.
(For full text of Resolution, see Resolution Book No. 54,
page 392.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31359-030193. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden and Mayor Bowers 5.
NAYS: None 0.
(Council Members Musser and White were absent.)
LIBRARIES-EQUIPMENT: The City Manager submitted a
written report advising that the Roanoke City Library
contracted with Southeastern Library Network (SOLINET) An
December 1989 for access to the On-line Computer Library
Center (OCLC) national bibliographic network for
cataloging data, equipment to access the network, and
training; that a direct computer interface allows
cataloging data to be,downloaded from OCLC into the
City's Library computer system for immediate access by
library users; and in July 1991, with a Federal LSCA
grant through the Virginia State Library, the Roanoke
City Library became a participant in the OCLC national
interlibrary loan network which provides for the
following:
It was further advised that in July 1991, the City
Library Joined a regional union list of serials funded by
a Federal LSCA grant from the Virginia State Library
which added City Library holdings to the OCLC database
and provided:
online access to the hoIdings of over 4,000
member libraries nationwide;
14
ACTION
the ability to place and receive online
requests with other participating libraries
for loans of materials; and
the ability to significantly increase
resources and services available to the public
without increasing staff.
It was explained that the original contract with
SOLINET for OCLC services expired on December 20, 1992;
that an amended contract was signed to extend the
original agreement for three months until March 20, 1993;
that SOLINET is the sole provider of access to the OCLC
national network for Southwest Virginia libraries, and,
as such, does not require the bidding process; that
SOLINET-OCLC network has become the national standard for
libraries and its use has resulted in significant
resource and service enhancements to the public; that
previous allocation was in the amount of $25,000.00, and
current funding represents no increase in annual
expenditures for the next five years.
The City Manager recommended that Council authorize
a new contract with SOLINET for a term of five years,
with the maximum annual compensation to be paid to
SOLINET for provision of services not to exceed
$25,000.00.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31360-030193) A RESOLUTION authorizing the
execution of a contract with Southeastern Library
Network, Inc. ("SOLINET"), for the provision of online
bibliographic cataloging services to the Roanoke City
Library, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 54,
page 393.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31360-030193. The motion was seconded by Mr. McCadden
and adopted by the following vote:
15
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden and Mayor Bowers ........ 5.
NAYS: None O.
(Council Members Musser and White were absent.)
CITY MARKET-STATE HIGHWAYS-NORFOLK SOUTHERN
CORPORATION-HOTEL ROANOKE CONFERENCE CENTER: The City
Manager submitted a written report with regard to a
request to the Virginia Department of Transportation to
program a pedestrian overpass project above Norfolk
Southern railroad tracks, advising that long-range
planning documents for downtown Roanoke include Design
'79, Design '85, and Focus '89; that each of the plans
note that the railroad tracks parallel to Norfolk Avenue
have constituted a major boundary limit to development
and free flow pedestrian traffic for many years; and the
Hotel Roanoke and Conference Center will require a new
method of moving pedestrian traffic over the railroad
tracks.
It was further advised that the Virginia Department
of Transportation (VDOT) informed the City that it
concurs in the need for a pedestrian overpass to enhance
pedestrian accessibility, as well as to increase safety
by the elimination of pedestrian and train conflicts;
that VDOT views the pedestrian overpass to be eligible
for urban system fundlng; that the public atrium area
necessary for an escalator (on the south end of the
overpass) would also be eligible for said funds,
exclusive of any portion of the atrium to be used for
commercial purposes; and a preliminary cost estimate for
the overpass and atrium is $2.5 million.
The City Manager explained that Council would need
to officially request that the abovementioned project be
programmed as an urban construction project by March 15,
1993, to allow VDOT sufficient time to include the
project in the next update, fiscal year 1993-94, of their
Six-Year Improvement Program, and in preparation for the
pre-allocation hearing process.
The City Manager recommended that Council tak~ the
following actions:
Request by resolution that the Virginia
Department of Transportation program an urban
construction project for a pedestrian overpass
above Norfolk Southern Railway tracks,
including the related atrium facility, to
16
ACTION~
connect between the Hotel Roanoke/Conference
Center area and the l{istoric Market area, for
preliminary 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 100 per cent of all costs associated with
any work completed on the project between time
of programming and the cancellation notice
(this type of statement is usual and typical
of all highway project programming requests
made by municipalities throughout Virginia).
Approval of this recommendation by Council
will necessitate the provision of local share
funding later this year when funds are
transferred from existing funding sources into
project accounts to ensure adequate funding
for all VDOT projects in the subsequent 12-
month period.
Authorize the City Manager to enter into an
agreement with the Virginia Department of
Transportation, in a form to be approved by
the City Attorney, and cash reimbursement
schedules approved by the Acting Director of
Finance, providing for the City of Roanoke to
adm~nister the preliminary engineering phase
of the pedestrian overpass and atrium project.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31361-030193) A RESOLUTION requesting the
Virginia Department of Transportation to program a
project for a pedestrian overpass above Norfolk and
Western Railway Company tracks, including the related
atrium facility, to connect the Hotel Roanoke Conference
Center Area and the Historic Market Area.
(For full text of Resolution, see Resolution Book No. 54,
page 394.)
Mr. Harvey moved the adoption of Resolution No.
31361-030193. The motion was seconded by Mr. McCadden
and adopted by the following vote:
17
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden and Mayor Bowers 5.
NAYS: None 0.
(Council Members Musser and White were absent.)
INDUSTRIES-ECONOMIC DEVELOPMENT: Brian J. Wlsh~eff,
Chief, Economic Development, advised that Transkrlt
Corporation, presently located in Brewster, New York, has
announced that it will relocate its corporate
headquarters and several office and manufacturing
positions to the City of Roanoke. He stated that earlier
this year, Transkrit announced construction of a new
90,000 square foot building in Roanoke that will house 60
to 70 manufacturing positions, which will result in the
creation of approximately 150 to 175 Jobs in the Roanoke
Valley. He added that construction on the building will
start in a few months, with operations expected to begin
in late January or early February 1994; that
approximately 100 new Jobs will include executive and
staff positions, administrative, marketing, customer
service, human resources, financial, sales, art, and
information systems; and all employees currently employed
by Transkrit in the New York area will be offered the
opportunity to transfer to the Roanoke Valley, and of
those not accepting, positions will be filled by local
hirees. He advised that Mattern & Craig, Inc. has been
selected as engineer on the project and J. M. Turner &
Co., Inc. has been selected as general contractor. He
explained that Transkrit Corporation is a leading
manufacturer of specialty business forms and pressure
sensitive labels with a nationwide sales force employing
approximately 900 people. He stated that with the
Transkrit announcement of 170 employees and with the
Vitramon announcement of 250 employees approximately one
month ago, 420 new Jobs have been announced in the last
few months in the Roanoke Valley, and it is hoped that
more Jobs will be added to the list in the next few
weeks.
Mr. Fitzpatrick requested that either a resolution
or a letter of commendation be prepared by the Mayor to
be forwarded to the City's Department of Economic
Development, the Roanoke Valley Economic Development
Partnership and the Virginia Department of Economic
Development expressing appreciation for the work that
took place in order to make the Transkrit Corporation
announcement a reality.
18
CITY ATTORNEY:
POLICE DEPARTMENT-CITY CODE-PEDDLERS/ITINERANT
MERCHANTS-SOLICITATION~ The City Attorney submitted a
written report advising that his office recently
completed an intensive review of the City's ordinances
relating to public begging. He pointed out that the City
has two begging ordinances, the first of which will be
referred to as the "old ordinance" and the second will be
referred to as the "modern ordinance".
The City Attorney explained that it is the "old
ordinance" which has recently been utilized on several
occasions in an effort to address overly aggressive
begging in the downtown area; that while the Police
Department has acted with commendable restraint, applying
the "old ordinance" only to the most aggressive and
obnoxious conduct, it must be conceded that the ordinance
is susceptible to a broader application; that research by
his office with respect to this type of ordinance
indicates that the Supreme Court of the United States has
not ruled on the constitutionality of an ordinance
imposing a broad prohibition against begging in public
streets and places; and his research reveals that two
Federal District Courts and one State Court have ruled on
ordinances imposing prohibitions against begging in
public streets and places, and all of these decisions
have held broad begging ordinances to be unconstitutional
on First Amendment grounds.
It was noted that since i989, no public court has
upheld an ordinance involving begging in a public street
or other traditional public forum as broad as the City's
"old ordinance"; and based upon his review of case law,
he is of the opinion that it is unlikely that the City's
"old ordinance" could be successfully defended,
therefore, he recommended repeal of the "old ordinance".
Mr. Dlbling further recommended amendment of the
City's "modern ordinance", making it an even more
effective weapon to regulate anti-social conduct, not
speech, advising that the City's "modern ordinance" will
prohibit the following conduct:
touching by the solicitor of the person being
solicited;
a solicitor's obstructing or impeding the path
of a pedestrian; or
19
a solicitor's going into a public street to solicit
or to sell to motorists.
The City Attorney further recommended amendment of
the "modern ordinance" to prohibit the following
additional conduct:
harassment by a solicitor of a solicitee for
the purpose of inducing the person to give
money; and
obstructing the pedestrian or vchicular
entrance to private property abutting any
public sidewalk or street.
The City Attorney explained that the amended
ordinance will apply equally to aggressive conduct in
sales and solicitations; that in drafting amendments to
the "modern ordinance", he has attempted to steer clear
of regulating speech, and it is believed that the amended
ordinance accomplishes this objective; and a violation of
the amended ordinance will constitute a Class 3
Misdemeanor punishable by a fine of not more than
$500.00.
It was pointed out that if City Council adopts the
recommended ordinance, this measure will not be the only
tool available to police in dealing with aggressive
panhandlers who engage in anti-social conduct; and in
addition to the amended ordinance, police may, in cases
where aggressive conduct warrants, charge panhandlers
with assault, disorderly conduct by engaging in conduct
having a direct tendency to cause acts of violence by the
person to whom such conduct is directed or cursing and
abusing.
In conclusion, the City Attorney advised that repeal
of the City's "old begging ordinance" and its replacement
by an amended "modern ordinance" regulating conduct, not
speech, should' control offensive behavior while
protecting constitutional rights. He endorsed the
recommendation of most social agencies that deal with the
homeless that the public not make gifts directly to
panhandlers because free shelter and food are available
to homeless persons in the City of Roanoke. In addition,
he noted that well intentioned gifts of the public are
used to purchase alcohol or illicit drugs, and he has
20
ACTION:
been advised that some persons arrested for aggressive
panhandling have had a significant sum of money in their
possession.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinances
(#31362-030192) AN ORDINANCE amending and
reordaining Section 21-44, Solicitations and sales;
prohibited acts, Code of the City of Roanoke (1979), as
amended, relating to prohibited conduct by persons
soliciting money or anything of value; repealing Section
28-1, Begging or soliciting alms, Code of the City of
Roanoke (1979), as amended; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 395.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31362-030193. The motion was seconded by Mr. Harvey.
The Reverend David A. Hayden, 720 First Street,
S. W., advised that he concurs with the City Attorney's
recommendation to repeal the ordinance inasmuch as it is
unconstitutional and represents a clear infringement on
the right to free speech based not on race or color but
on class. He stated that poor persons have been
discriminated against simply because they do not have
access to the natural resources that many people enjoy,
and urged that Council repeal the ordinance because it is
clearly unconstitutional to prohibit the right of a
person to express speech freely simply because they are
poor. He added that it is not necessary to amend the so-
called "modern ordinance" because laws currently exist
that prohibit offensive behavior on the streets such as
pushing, touching, grabbing or using offensive language
toward another individual.
Ordinance No. 31362-030193 was adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden and Mayor Bowers ....... 5.
NAYS: None 0.
(Council Members Musser and White were absent.)
21
ACTION=
REPORTS OF COMMITTEES:
PARKS AND RECREATION-CITY PROPERTY-
LANDMARKS/PRESERVATION: Council Member Elizabeth T.
Bowles, Chairperson of the Water Resources Committee,
presented a written report on behalf of the Committee,
with regard to a lease renewal the Roanoke Regional
Preservation Office in the Buena Vista Recreation Center.
A staff report advised that the initial lease was
executed on March 1, 1989, between the City of Roanoke
and the Virginia Division of Historic Landmarks,
Department of Conservation and Historic Resources; and
renewal of the lease for a five year period commencing
March 1, 1993 through February 28, 1998, with provision
for cancellation with three months written notice by
either party after expiration of the first two years, is
suggested b-f City staff and agreed to by the petitioner.
The Water Resources Committee recommended that
Council authorize the appropriate City officials to
execute a lease agreement for five years for lease of
space in the Buena Vista Recreation Center to the
Virginia Department of Historic Resources for the Roanoke
Regional Preservation Office, with provision that the
lease be cancelled by either party with three months
written notice after expiration of the first two years,
wish said lease to be prepared by the petitioner in a
form to be approved 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:
(#31363) 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. 54,
page 398.)
The motion was seconded byMr. Harvey and adopted by
the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden and Mayor Bowers ......... 5.
NAYS: None 0.
(Council Members Musser and White were absent.)
APPALACHIAN POWER COMPANY-CAND P TELEPHONE COMPANY-
CITY PROPERTY: Council Member Elizabeth T. Bowles,
Chairperson of the Water Resources Committee, presented
a written report on behalf of the Committee, with regard
to the Beaverdam Reservoir Property, Jeter's Chapel
Mountain Road Improvements, Appalachian Power Company
(APCO) pole relocation and C & P Telephone Company
easements agreement.
A staff report advised that relocation, widening and
improvement of Jeter's Chapel Mountain Road, (Route 635),
which involved small portions of the City's reservoir
property, was authorized by Council pursuant to Ordinance
No. 30992-051892, adopted on May 18, 1992; and the
Virginia Department of Transportation prepared, had
approved by City staff, and recorded in Bedford County,
a plat which dedicated the additional right-of-way
necessary for their purposes.
It was further advised that location of five new
APCO power poles to conform to the new alignment of the
road requires, due to existing topography, that eight
existing poles located on City property in or near the
new road right-of-way be abandoned and removed, and that
the five new poles be placed on City-owned property, with
the move resulting in several small re-alignments of the
system between the new poles where the line currently
crosses City-owned property; that no major shifts in
alignment will result and no large trees will be
affected, although the shift will require some tree
trimming and the removal of a limited number of smaller
trees; and the agreement from APCO will provide the right
to install poles and guys on City-owned property adjacent
to the right-of-way on Route 635.
The Water Resources Committee recommended that
Council authorize execution of an Appalachian Power
Company agreement permitting relocation of portions of
the electric service system on City-owned Beaverdam
Reservoir property, along relocated Route 635, Jeter's
Chapel Mountain Road in Bedford County.
(For full text, see reports on file in the City Clerk's
Office.)
23
ACTION:
ACTION:
Mrs. Bowles moved that the following ordinance be
placed upon Its first reading:
(#31364) AN ORDINANCE authorizing the execution of
agreements with Appalachian Power Company ("Appalachian")
and the Chesapeake and Potomac Telephone Company ("CAP")
permitting relocation of Appalachian's electric service
system and C&P's telephone cable adjacent to Route 635,
Jeter's Chapel Mountain Road, in Bedford County, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 399.)
The motion was seconded by Mr. McCadden and adopted
by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden and Mayor Bowers 5.
NAYS: None. .0.
(Council Members Musser and White were absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
BUDGET-SEWERS AND STORM DRAINS-HUMAN DEVELOPMENT-
CITY MANAGER-CITY SHERIFF-COmmUNICATIONS DEPARTMENT-
EQUIPMENT: Mr. Fitzpatrick moved that the following
ordinance appropriating funds in connection with
acceptance of bids received by the City for vehicular
equipment to be used by certain municipal departments be
placed upon its first reading. (See February 22, 1992
minutes, Agenda Item 5.a.4.):
(#31365) AN ORDINANCE to amend and reordain certain
sections of the 1992-93 General, Internal Service Fund,
and Sewage Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 399.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
ACTION:
ACTION=
AYES: Council Members Bowles, Fitzpatrick, Harvey
and McCadden -4.
NAYS= None 0.
(Council Members Musser and White were absent.) (Mayor
Bowers abstained from voting.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
HOTEL ROANOKE CONFERENCE CENTER-AFFIRMATIVE ACTION-
MINORITY/WOMEN OWNED BUSINESSES: Mr. Harvey moved that
the City Manager be requested to take appropriate action
to establish a program to insure that all minority
businesses and locally owned businesses, etc., are aware
of bid requirements for participation in the Hotel
Roanoke/Conference Center Project. The motion was
seconded by Mr. Fitzpatrick and adopted.
OTHER HEARINGS OF CITIZENS:
HOTEL ROANOKE CONFERENCE CENTER: Mr. Hoskins M.
Sclater, 2723 Crystal Spring Avenue, S. W., appeared
before Council in connection with the Hotel Roanoke and
expressed concern with regard to the proposed location of
the Conference Center, advising that if constructed as
proposed, those persons attending functions at Hotel
Roanoke will not have a view of the two nearby churches
that are architectural landmarks. He stated that the
Conference Center should be located on the east side of
the Hotel instead of on the west side, and a building as
large as the Hotel Roanoke should have sufficient space
for landscaping on all four sides.
At 3:30 p.m., the Mayor declared the meeting in
recess.
At 4=15 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Members Musser and White.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden 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:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden and Mayor Bowers- ----5.
NAYS: None
(Council Members Musser and White were absent.)
There being no further business, the Mayor declared
meeting adjourned at 4:17 p.m.
the
APPROVED
ATTEST: ~~
City Clerk
Mayor
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
March 8, 1993
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, March 8,
1993, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., James G. Harvey, II (arrived at 7:35
p.m.), Delvis O. McCadden, Howard E. Musser, William White, Sr.,
and Mayor David A. Bowers -7.
ABSENT: None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Rltchie, Sr., Assistant City Manager; Wilburn C. Dlbling, Jr., City
Attorney; James D. Grisso, Acting 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 Bowers.
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 8,
1993, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on the request of H & C Partnership and RV
Properties that a tract of land lying on the south side
of Salem Turnpike, N. W., and designated as Official Tax
Nos. 2640351 and 2640316, and the northeasterly 166 feet,
more or less, of Official Tax No. 2640311, said tract
containing 5.75 acres, be rezoned from LM, Light
Manufacturing District, to C-2, General Commercial
District, subject to certain conditions proffered by the
petitioners, the matter was before the body.
ACTION:
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
February 19, 1993, and Friday, February 26, 1993.
(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
the subject property to be used for indoor recreation
purposes, including an assembly hall, meeting rooms,
dances, exhibit hall and other similar uses for three
phases of the existing and proposed development on said
property, 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:
"AN ORDINANCE to amend Section 36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 264,
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. Musser.
Alton B. Prillaman, Attorney, representing the
petitioners, submitted an amended petition containing two
additional proffered conditions; viz: (1) At any time,
upon the request of the City of Roanoke, the petitioners
will immediately file at their expense, the necessary
petition to rezone the tract of land from C-2, General
Commercial District, roLM, Light Manufacturing District;
and (2) Upon expiration of ten years from the
effective date of the ordinance rezoning the property
from LM to C-2, said property will automatically revert
from C-2 to LM without further action by Council.
(For full text, see amended petition on file in the City
Clerk's Office.)
At this point, 7:35 p.m., Mr. Harvey entered the
meeting.
Mr. Musser offered a substitute motion that the
amended petition be referred to the City Planning
Commission for study, report and recommendation to
28
Council. The motion was seconded by Mr. Fitzpatrick and
unanimously adopted.
STREETS AND ALLEYS-AIRPORT: Council at its regular
meeting on Monday, February 8, 1993, having continued a
public hearing on the request of Mr. and Mrs. James L.
Cross that a 672 foot section of Barns Avenue, N. W.,
extending in an easterly direction from an existing
barricade at Peters Creek Road, be permanently vacated,
discontinued and closed, the matter was again before the
body.
The public hearing on February 8, 1993, was
continued pursuant to a Joint request of Mr. Cross and
the Executive Director of the Roanoke Regional Airport
Commission to enable the Commission and Mr. Cross to
continue discussions in an effort to resolve certain
boundary issues that have arisen relative to the closure.
(See communication under date of February 5, 1993.)
A report of the City Planning Commission
recommending that Council approve the request to close
and vacate a 672 foot section of Barns Avenue to the
extent of the City's interest therein, subject to the
following conditions, was before Council.
A. The applicant will submit to the City for
approval, and thereafter record with the Clerk
of Circuit Court, a subdivision plan providing
for the following:
1. Retention of easements for utilities
existing within the 672 foot section
of right-of-way.
2. Combination of the vacated right-of-
way with the applicant's existing
property (Official Tax No. 6600101).
B. Any ordinance providing for the subject
closure stipulate that the above conditions
must be met within a period of 24 months from
the date that such ordinance is adopted, and
if such conditions are not met within that
time period, 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.)
ACTION=
Mr. Musser moved that the following ordinance be
placed upon its first reading:
"AN ORDINANCE permanently vacating, discontinuing
and closing a certain public right-of-way in the City of
Roanoke, Virginia, as are more particularly described
hereinafter."
The motion was seconded by Mr. Fitzpatrick.
James L. Cross, petitioner, advised that his request
to permanently close Barns Avenue was continued for two
months in an effort to work out a boundary problem with
the Roanoke Regional Airport Commission which now appears
to be resolved. He stated that it was determined that
the survey which was prepared at the time the property
was trani, ferred from the City to the Airport Commission
was apparently erroneous, and a corrected survey has been
prepared. He further stated that the Airport Commission
is opposing the closure, advising that the survey
revealed that Access Gate No. 51 was improperly located
and is, in fact, located on his property. He called
attention to several meetings that have been held with
the Airport Executive Director and Airport counsel
regarding the matter, advising that he has offered a
perpetual lease on the property, but Airport officials
are opposed to paying for the lease. He explained that
he has no problem with providing the Airport Commission
with a lease, however, he does not feel that the lease
should be without charge inasmuch as the property is
among some of the most valuable on Peters Creek Road.
Mr. Cross pointed out that Ms. Shuck is on public
record dated December 1, 1989, stating that she has no
objection to closing the road, provided the Airport
Commission receives one-half of the roadway, however, at
that time it was thought that the City owned the
property, although, in fact, the property was owned by
the Commonwealth of Virginia, and the City never had a
financial interest. He asked that Council close the
roadway as requested in his original petition for
closure.
Question was raised as to whether or not the City
has the right of access to the property; whereupon, the
City Attorney advised that no title search has been
performed by the City in respect to the roadway, and
there is a dispute between Mr. Cross and the Airport
Commission as to the location of Mr. Cross' property and
Airport property.
30
Jacqueline L. Shuck, Executive Director, Roanoke
Regional Airport, advised that she appeared before
Council on behalf of the Roanoke Regional Airport
Commission to object to the vacation of the road, or as
an alternative, to object to the vacation of all but a
small portion, inasmuch as the Airport Commission would
like to retain an easement for access to Gate 51 which
has been in eperation for over 30 years.
Following a discussion of the matter during which
time Council Members felt that they did not have
sufficient information on which to base a decision, Mr.
Harvey offered a substitute motion that the matter be
referred to the City Attorney for study, report and
recommendation with regard to whether the portion of
Barns Avenue in question is a dedicated public street, as
well as pertinent information in connection with
reservation of a roadway access easement for the benefit
of the Roanoke Regional Airport, and that a report be
submitted to Council within 30 days. The substitute
motion was seconded by Mr. Fitzpatrick 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.
AUDIT COMMITTEE: Minutes of the Audit Committee
meeting which was held on March 1, 1993, were before
Council.
The following matters were addressed by the Audit
Committee:
Recommended approval of a contract with KPMG
Peat Marwick as the City's external audit
firm.
Received and filed internal audits regarding
the Special Events Committee and the Real
Estate Accounts Receivable system.
Distribution of a letter to all City Employees
asking for their assistance in advising the
Municipal Auditor of any exposures that are of
concern.
31
ACTION~
remainder of the year.
Scheduled Audit Committee meetings for the
status report on a document
City-wide Administrative
Received a
establishing
Procedures.
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the minutes be received and
filed. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None.
REGULAR AGENDA
HEA~ING OF CITIZENS UPON PUBLIC MATTERS:
SCHOOLS: J. Mason Powell, Executive Vice-President
of the Roanoke Education Association, addressed Council
on behalf of approximately 600 education employees.
Mr. Powell advised that the School Board passed a
1993-94 school budget; that while teachers applaud the
efforts of the Administration and School Board to get the
most from limited funds, the employees have again been
short-changed; and the raises for most teachers will not
meet the level of inflation, therefore, their actual
income will again decrease. He presented a package of
information documenting the above statement and certain
other statistics which show the continually deteriorating
plight of Roanoke City teachers, especially over the last
12 years.
Mr. Powell stated that the School Board was forced
to present a balanced budget based on incomplete
estimates of City funding; that the Board was forced to
work from a limited worst case scenario that will
probably become obsolete before the school year starts if
the economy improves as expected, yet, the Board wtll be
bound bythis preliminary estimate unless Council chooses
to dole out more funds at a later date; and it appears
that employees will not be eligible for any of the
potential funds.
32
Mr. Powell commented that teachers have been told,
in a two year period, that the school system's share of
the City budget has fallen from 48 per cent to 36.5 per
cent to this year's 36 per cent; that teachers were told
that last year's decrease was based on an expected
windfall from the State that would equalize fair funding
for City and school system needs; that teachers were
further told that schools cannot expect a windfall from
the State this year; and a realistic assessment of needs
and funding should return the schools to the 48 per cent
level, yet, Council has not returned those funds to the
schools.
Mr. Powell added that the School Board Chairman is
to be applauded for his recent comments expressing
concerns with regard to the commitment of City leaders to
education, advising that since it is apparent that the
Federal and State governments are withdrawing from
funding the needs of most localities, it is up to
Council, the City's leaders, to provide adequate funding
if quality education is to succeed.
(See statement on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that
the remarks of Mr. Powell would be received and filed and
made a part of the official record.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
SEWERS AND STORM DRAINS-ANIMALS/INSECTS-BRIDGES-
LEGISLATION-FLOODREDUCTION/CONTROL-WATERRESOURCES: The
City Manager submitted a written report advising that
Council considered the then proposed listing of the
Roanoke Logperch as an endangered species by the United
States Department of the Interior during Council's
October 24, 1988 and November 7, 1988 meetings; that the
issue was whether to oppose the proposed listing of this
fish species as an endangered species; that
correspondence at the time from officials of the
Department of the Interior stated that the proposed
listing would not affect the Sewage Treatment Plant or
other planned projects; that Resolution No. 29361,
33
adopted on November 7, 1988, requested the Federal
government to pay any cost to future projects caused by
the listing; that documents received at a public hearing
held on February 18, 1993, reveal that the Virginia Water
Control Board (VWCB) is considering designating the
Roanoke River from its confluence with Tinker Creek to
the confluence of the north and south forks of the river
as endangered species waters, as well as the entire reach
of Tinker Creek within the City limits; that VWCB Water
Quality Standards regulations prohibit the discharge of
any waters containing halogens (halogenated waters) into
waters that are designated as endangered species waters
or natural trout stream waters; and halogens are a group
of chemical elements that include:
chlorine (added to water and wastewater as a
disinfectant)
fluorine (added to water as a tooth decay
preventative)
bromine (may be used as a disinfectant, but
the City uses chlorine)
iodine
astatine
It was explained that the City's wastewater
discharge contains chlorine and fluorine, with the
Crystal Spring reservoir containing fluorinated water;
that the basin must occasionally be discharged into
Roanoke River below the Jefferson Street Bridge to permit
maintenance on the basin; and the basin cannot be
maintained water tight, therefore, it leaks into the
river.
It was further explained that the current schedule
is for the Water Control Board to make a decision on the
proposed designations at its June 1993 meetings; that the
designation would require the City to dispose of the
current sewage flow disinfection system construction
initially as part of the 1976 plant expansion and
enhanced in 1991, at a cost of $500,000.00; that th~
current disinfection (chlorine/sulphur dioxide) system
would have to be replaced with an ozone or ultra-violet
system at a cost of $3 to $5 million; that there is no
logical solution to the basin at Crystal Springs, other
than abandoning the current reservoir and constructing a
new reservoir and pumping station system at an initial
cost of approximately $1 million; and the City has been
34
ACTION=
advised by Virginia Water Control Board officials that
this designation would have no known impact on the
proposed Roanoke River Flood Reduction Project, sewer
interceptor replacements along the river or creek, storm
water management permits, or anything else that is known.
The City Manager recommended that Council adopt a
resolution not opposing the designation of the Roanoke
River, from the Jefferson Street Bridge upstream nor
Tinker Creek within the City limits, as endangered
species waters, based on statements that the designation
will have no impact on community projects or storm water
runoff management, however, objecting to the designation
of the Roanoke River downstream from Jefferson Street
Bridge as endangered species waters; that comments
objecting to the designation downstream from the 13th
Street Bridge be forwarded to the Virginia Water Control
Board and other appropriate parties; and that copy of the
resolution be sent to the City's representatives to the
General Assembly, to the area representative on the
Virginia Water Control Board (Dr. Wendell H. Butler), and
to Dr. David Whitehurst of the Department of Game and
Inland Fisheries.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(%31368-030893) A RESOLUTION interposing no
opposition to the designation of certain portions of the
Roanoke River and Tinker Creek as endangered species
waters and objecting to the designation of other portions
of the Roanoke River as endangered species waters.
(For full text of Resolution, see Resolution Book No. 54,
page 403.)
Mrs. Bowles moved the adoption of Resolution No.
31368-030893. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ....... 7.
NAYS~ None' 0.
STATE HIGHWAYS-UTILITIES= The City Manager
submitted a written report with regard to the Virginia
Department of Transportation's (VDOT) proposed Policy on
Placing Utility Facilities Underground, advising that
35
~CTIONt
highway and utility facilities are commonly located
within the same rights-of-way along transportation
co~ridors; that VDOT has historically considered the
placement of overhead utilities with underground
facilities as a non-project expense to be paid for
entirely by a locality; that relocation of overhead
utilities underground can visually enhance the urban
environment and improve vehicular safety; that the
proposed policy on placing utility facilities underground
has been developed by VDOT at the urging of local
governments; that under the policy, the net cost of
placing utilities underground would be shared by the
Department and the localities; and written comments with
regard to the proposed policy must be submitted to VDOT
prior to March 8, 1993.
The City Manager recommended that Council adopt a
resolution urging the Commonwealth Transportation Board
to approve the proposed Policy on Placing Utility
Facilities Underground, dated December 3, 1992, with a
revision that the Virginia Department of Transportation
share 50 per cent of the total net underground relocation
cost without regard to any maximum limitation.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31369-030893) A RESOLUTION in support of the
Virginia Department of Transportation proposed Policy on
Placing Utility Facilities Underground.
(For full text of Resolution, see Resolution Book No= 54,
page 405.)
Mr. Musser moved the adoption of Resolution No.
31369-030893. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers --7.
NAYS: None 0.
BUDGET-SEWERSANDSTORMDRAINS-CONSULTANTS REPORTS-
WATER RESOURCES: The City Manager submitted a written
report advising that on November 2, 1992, Council
authorized award of an engineering services contract to
Mattern & Craig, Inc., and to Anderson & Associates,
Inc., to identify the sources and scope of corrective
action projects to reduce infiltration/inflow entering
the sewer system within three assigned sewersheds; that
on November 23, 1992, Council concurred in a list of
projects and plan of action for infiltration/inflow
projects costing approximately $2.5 to $3 million over a
three %'.;ar period; subject to identified funding sources;
and engineers have, to date, identified six corrective
action projects which will, when constructed, have major
impacts on reducing infiltration/inflow in the sewer
system, as follows:
Mudlick Sewershed= Two main segments of old
terra cotta pipe located in the upper and
lower reaches of the sewershed.
Peters Creek Sewershed: Four main segments of
old terra cotta pipe located in the upper and
mid reaches of the sewershed.
It was explained that a Reguest for Engineering
Services to provide design and construction contract
administration for corrective projects was advertised in
the Roanoke Times & World News on December 13, 1992, and
four firms responded; that the interview process
following presentations of proposals confirmed that
Mattern & Craig, Inc., is the best qualified to perform
the work in various phases in accordance with direction
from City staff in order to stay within the limits of
identified funds and as approved by Council.
The City Manager recommended that Council authorize
award of a contract to Mattern & Craig, Inc., in a form
acceptable to the City Attorney, to perform the work in
phases as more fully set forth in the report, in the
amount of $140,800.00; and that the Acting Director of
Finance be authorized to appropriate the sum of
$148,000.00 from Sewer Fund Retained Earnings to a new
account entitled, "Sewershed I/! Project Design Phase I",
advising that the $7,200.00 in excess of the contract
amount is necessary to fund approximately $1,000.00 in
advertising expenses and to provide a contingency for the
design contract.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance~
37
ACTION
ACTION:
(#31370-030893) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Sewage Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 406.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31370-030893. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers-- 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following resolution:
(#31371-030893) A RESOLUTION authorizing the
execution of a contract with Mattern & Craig, P. C., to
provide certain engineering services, specifically
various phases of the design and construction contract
administration for portions of the Sewershed Corrective
Action Project.
(For full text of Resolution, see Resolution Book No. 54,
page 407.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31371-030893. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None 0.
CITY JAIL-YOUTH CORRECTIONAL FACILITIES: The City
Manager submitted a written report advising that
construction of a Jail Annex and expansion of the
Juvenile Detention Home was proposed to Council on
February 10, 1993, as part of a draft Capital Improvement
Program; that the project description for the Jail Annex
is provision of housing for 220 addit~onal inmates
(current operating capacity is 236) through construction
of a Jail Annex facility, at an estimated cost of $7
million; and project Justification for the Jail Annex is
that the Roanoke City Jail is experiencing overcrowding
38
(operating at 236 per cent of operating capacity at
times), which is expected to continue based on inmate
population forecasts causing health, safety and welfare
concerns.
It was further advised that project description for
the Juvenile Detention Home expansion is a 100 per cent
increase in bed capacity from 21 beds to 42 beds, at an
estimated cost of $3 million; that project Justification
for the Juvenile Detention Home expansion is (1) facility
overcrowding averaging 124 per cent of capacity during
the first seven months of fiscal year 1992-93 (facility
utilization has consistently exceeded 100 per cent since
fiscal year 1990-91, (2) refusals to provide bed space to
over 180 requested admissions in 1992, resulting in an
attendant cost of $53,358.00 in order to house some of
the refusals in other regional detention facilities (some
serious offenders were placed at home under Outreach
supervision instead of under secure custody), and (3)
lack of adequate space to house City Juveniles in other
regional detention centers due to their own overcrowding
problems.
The City Manager advised that reimbursement of
projects costs by the Commonwealth of Virginia is
possible for the Jail Annex project, at a rate of 25 per
cent of eligible project cost, and for the Juvenile
Detention Home expansion project, at a rate of 50 per
cent of eligible project cost, based on recent actions by
the 1993 Session of the General Assembly; that requests
for reimbursement must be submitted as soon as possible
for inclusion in budget requests to the Governor by the
Board of Corrections and Department of Youth and Family
Services for consideration during the next General
Assembly session; that requests must include a resolution
from the local governing body endorsing the project and
requesting reimbursement; and action by Council is
necessary to adopt resolutions in support of the Jail
Annex and Juvenile Detention Home expansion projects.
The City Manager recommended that Council adopt a
resolution requesting reimbursement of Jail Annex project
costs bythe State Department od Corrections at a rate of
25 per cent and reimbursement of the Juvenile Detention
Home expansion project costs by the Department of Youth
and Family Services at a rate of 50 per cent.
(For full text, see report on file in the City Clerk's
Office.)
39
ACTION:
ACTION:
Mr. Harvey offered the following resolution:
(~31366-030893) A RESOLUTION approving expansion of
the City of Roanoke Jail and requesting reimbursement of
twenty-five per cent of eligible project cost from the
Commonwealth of Virginia Board of Corrections.
(For full text of Resolution, see Resolution Book No. 54,
page 401.)
Mt. Harvey moved the adoption of Resolution No.
31366-030893. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Muss.r, White and Mayor Bowers ...... 7.
NAYS .' None---
®
Mr. Fitzpatrick offered the following resolution:
(#31367-030893) A RESOLUTION approving a project
for the expansion of the City of Roanoke Juvenile
Detention Home and requesting reimbursement of one-half
of the project costs from the State Board of Youth and
Family Services.
(For full text of Resolution, see Resolution Book No. 54,
page 402.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31367-030893. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Muss.r, White and Mayor Bowers 7.
NAYS: None 0.
BUDGET-HUMAN DEVELOPMENT-GRANTS: 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 severe emotional problems
prevent children from remaining with their own family or
foster family, consequently, children need intensive
residential services provided by facilities that
specialize in therapeutic care; and the cost of care per
child is increasing each year.
40
ACTION:
It was further advised that the cost of care for
foster children in custody of the local Department of
Social Services was underestimated by $650,000.00 in
fiscal year 1992-93; that the State Department of Social
Services will reimburse $375,000.00 of this amount, and
$275,000.00 of local funds is needed to match State
funds.
The City Manager recommended that Council authorize
adjustment of the revenue estimate of funds received from
the State Department of Social Services and corresponding
increases/decreases in Social Service expenditure
accounts, as follows:
Revenue Account
Foster Care
Auxiliary Grants
Day Care
ADC-Foster Care
Foster Care S/L
AuxiliaryGrants
Day Care
$375,000.00
( 36,000.00)
( 108,000.00)
100,000.00
296,000.00
( 45,000.00)
( 120,000.00)
001-020-1234-0675
001-020-1234-0670
001-020-1234-0686
001-054-5314-3115
001-054-5314-3140
001-054-5313-3120
001-054-5314-3159
It was further recommended that $254,000.00 be
transferred from General Fund Contingency, Account No.
001-002-9410-2199, to Department of Social Services,
Foster Care, Account No. 001-054-5314-3140.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31372-030893) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 408.)
Mrs. Bowles moved the adoption of Ordinance No.
31372-030893. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ............... 7.
NAYS: None
41
ACTING DIRECTOR OF FINANCE:
LEGiSLATIOnS-BINGO/RAFFLES: The Acting Director of
Finance submitted a written report with regard to bingo
activity for the 12 months ending September 30, 1992.
The Acting Director of Finance advised that bingo,
a form of gambling, is permitted so that money can be
made to benefit lawful religious, charitable, community
or educational purposes; that if profits are not shown to
benefit charity, the purpose for which bingo is permitted
is not met; and it is important to note that 62 per cent
of the profits were expended for charitable purposes
during the period, while only 35 per cent of profits were
expended for charitable purposes in 1991.
It was noted that the average profit percentage for
large organizations is only seven per cent; that in 1991,
the average profit percentage was ten per cent; that
based upon the City's analysis, it is reasonable to
estimate that large organizations could be expected to
report bingo games profits of 15 per cent; that only one
organization reported profits of ten per cent and one
organization spent only $1,000.00 out of $24,826.04 in
profits toward charitable purposes.
Mr. Grisso explained that each organization with
gross receipts in excess of $500,000.00 was required to
submit an opinion by a certified public accountant that
its annual financial report was fairly stated; that all
organizations complied with the requirements; and the
City has conducted numerous compliance audits on each
organization during 1992 with regard to record keeping,
operating and accounting procedures.
(For full text, see report on file in the City Clerk's
Office.)
The Mayor referred to a schedule attached to the
report indicating that the Voice of the Blue Ridge made
a profit of $24,826.04 for the year, however, only
$1,000.00 of the proceeds were used for charitable
purposes.
Dana D. Long, Tax Compliance Administration-
Bingo/Raffle Compliance, advised that provisions
contained in the City Code and the State Code provide
localities with very limited powers insofar as terms of
enforcement and regulations that such organizations must
use a certain percentage of their gross proceeds toward
charitable purposes.
42
The City Attorney explained that the City is
restricted by State law, and the City can only enact
ordinances that are parallel to or verbatim with State
law. He added that State law does not provide good
protection to the public in the area of bingo, and
therefore, the City is shackled with a State Code that is
not ~.s adequate as it should be.
Mr. Harvey suggested that correspondence be
forwarded to the City's representatives to the General
Assembly setting forth Council's concern with regard to
lack of satisfactory regulations pertaining to bingo
activities. Mr. Fitzpatrick suggested that the matter be
referred to the City's Legislative Affairs Committee for
review in connection with the City's 1994 Legislative
Program.
The Mayor advised that he is a member of the Knights
of Columbus and inquired if he has a conflict of interest
in the matter; whereupon, the City Attorney advised that
there is no conflict of interest inasmuch as no
transaction is before Council involving the Knights of
Columbus.
Mr. Harvey moved that the report of the Acting
Director of Finance be received and filed, and that
concerns expressed by Council with regard to more
stringent State laws regulating bingo activities be
referred to the City's Legislative Affairs Committee for
study, report and recommendation in the City's 1994
Legislative Program, and that correspondence be forwarded
to the City's representatives to the General Assembly
setting forth the concerns expressed by Council. The
motion was seconded by Mr. Fitzpatrick and adopted.
REPORTS OF COMMITTEES:
AUDITS/FINANCIALREPORTS-AUDIT COMMITTEE-CONSULTANTS
REPORTS: Council Member William White, Sr., Chairperson
of the Audit Committee, presented a written report on
behalf of the Committee, recommending the engagement of
KPMG Peat Marwick to provide audits of the City of
Roanoke's financial records for the years ending June 30,
1993 through June 30, 1996.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
43
ACTION:
ACTION:
(#31373-030893) A RESOLUTION authorizing the City
Manager to enter into an agreement with KPMG Peat Marwick
for the performance of annual audits of the City's
finances for each of the fiscal years ending June 30,
1993, 1994, 1995 and 1996, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 54,
page 409.)
Mr. White moved the adoption of Resolution No.
31373-030893. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ............... 7.
NAYS: None 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
PARKS AND RECREATION-CITY PROPERTY-LANDMARKS/
PRESERVATION: Ordinance No. 31363-030893 authorizing
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, for a period of five years with no
lease fee, commencing as of March 1, 1993 and ending
February 28, 1998, upon certain terms and conditions,
having previously been before the Council for its first
reading on Monday, March 1, 1993, 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:
(#31363-030893) 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. 54,
page 398.)
Mrs. Bowles moved the adoption of Ordinance No.
31363-030893. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers -7.
NAYS: None 0.
APPALACHIAN POWER COMPANY-CAND P TELEPHONE COMPANY-
CITY PROPERTY~ Ordinance No. 31364-030893 authorizing
execution of agreements with Appalachian Power Company
and the Chesapeake and Potomac Telephone Company
permitting relocation of Appalachian's electric service
system and C & P's telephone cable adjacent to Route 635,
Jeter's Chapel Mountain Road, in Bedford County, upon
certain terms and conditions, having previously been
before the Council for its first reading on Monday,
March 1, 1993, 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:
(#31364-030893) AN ORDINANCE authorizing the
execution of agreements with Appalachian Power Company
("Appalachian") and the Chesapeake and Potomac Telephone
Company ("C&P") permitting relocation of Appalachian's
electric service system and C&P's telephone cable
adjacent to Route 635, Jeter's Chapel Mountain Road, in
Bedford County, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 399.)
Mrs. Bowles moved the adoption of Ordinance No.
31364-030893. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ---7.
NAYS: None 0.
BUDGET-SEWERS AND STORM DRAINS-HUMAN DEVELOPMENT-
CITY MANAGER-CITY SHERIFF-COMMUNICATIONS DEPARTMENT-
EQUIPMENT: Ordinance No. 31365-030893 amending and
reordaining certain sections of the 1992-93 General,
Internal Service and Sewage Fund Appropriations, having
previously been before the Council for its first reading
on Monday, March 1, 1993, read and adopted on its first
reading and laid over, was again before the body.
Mr. Harvey offered the following measure as an
emergency ordinance:
ACTION=
ACTION:
ACTION=
(#31365-030893) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General, Internal Service
Fund, and Sewage Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 399.)
Mr. Harvey moved the adoption of Ordinance No.
31365-030893. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES= Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser and White - 6.
NAYS: None 0.
(Mayor Bowers abstained from voting.)
AMTRAK-LEGISLATION-NORFOLK SOUTHERN
ECONOMIC DEVELOPMENT= Mr. Fitzpatrick
following resolution:
CORPORATION-
offered the
(#31374-030893) A RESOLUTION urging the United
States Congress to support the extension of Amtrak rail
service between New York and Atlanta via Roanoke.
(For full text of Resolution, see Resolution Book No. 54,
page 410.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31374-030893. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, Whlte and Mayor Bowers 6.
NAYS: None 0.
(Council Member McCadden abstained from voting.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
BILLINGS AND COLLECTIONS: Mr. Fitzpatrick moved
that the City Attorney be requested to prepare the proper
measure providing for annual salary supplements for use
of private motor vehicles by two tax compliance
administrators in the Office of Billings and Collections
who are charged with the responsibility of monitoring
compliance, as well as collection and enforcement, of the
prepared food ~nd beverage tax, admissions tax, transient
occupancy tax, E-911 telephone tax, utility tax,
franchise agreements, and bingo and raffle permits. The
motion was seconded by Mrs. Bowles and unanimously
adopted.
OTHER HEARINGS OF CITIZENS: None.
There being no further business, the Mayor declared the
meeting adjourned at 8:40 p.m.
APPROVED
ATTEST
City Clerk
Mayor
4?
SPECIAL MEETING'
ROANOKE CITY COUNCIL
March 11, 1993
8:30 a.m.
The Council of the City of Roanoke met in special session in
the United Way Board Room, 325 Campbell Avenue, S. W., on Thursday,
March 11, 1993, at 8130 a.m., pursuant to Section 10, Meetings of
Coun¢.~%, of the Roanoke City Charter; and pursuant to a
com~unication from the Mayor under date of March 3, 1993, with
Mayor David A. Bowers presiding.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., James G. Harvey, II, Howard E. Musser and Mayor
David A. Bowers- - .... 5.
ABSENT: Council Members Delvis O. McCadden and William
White, Sr.---- _ ........................... 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wllburn C. Dlbling, Jr., City
Attorney; James D. Grisso, Acting Director of Finance; Robert H.
Bird, Municipal Auditor; Willard N. Claytor, Director of Real
Estate Valuation; and Mary F. Parker, City Clerk.
OTHERS PRESENT: George C. Snead, Jr., Director of Public
Safety; William F. Clark, Director of Public Works; Corinne B.
Gott, Acting Director of Human Development; Kit B. Kiser, Director
of Utilities and Operations; Charles A. Price, Jr., Chairperson,
City Planning Commission; Paul C. Buford, Jr., Vice-Chairperson,
City Planning Commission; Carolyn Hayes-Coles, Chairperson, Long
Range Planning Subcommittee, City Planning Commission; Charles W.
Day, Vice-Chairperson, Roanoke City School Board; E. Wayne Harris,
Superintendent-Elect, Roanoke City Schools; Frank P. Tots,
Superintendent, Roanoke City Schools; Richard L. Kelley, Executive
for Business Affairs and Clerk, Roanoke City School Board; Mary D.
Hackley, Director, Elementary Education, Roanoke City Schools;
Robert W. Glenn, Chairperson, Roanoke Redevelopment and Housing
Authority; Neva J. Smith, Executive Director, Roanoke Redevelopment
and Housing Authority; Ernest Hutton, Consultant; John R. Marlles,
Chief, Community Planning; Barry L. Key, Manager, Office of
Management and Budget; Stephanie F. Cicero, Coordinator, Roanoke
Neighborhood Partnership; Marie T. Pontius, Grants Monitoring
Administrator; Evelyn S. Gunter, City Planner; Skip Dunlap,
Planning Technician; Diane S. Akers, Budget/ManagementAnalyst; and
Tamasin Roop, Budget/Management Analyst.
The meeting was opened with a prayer by Mayor Bowers.
48
The Mayor referred to the following communication calling the
special meeting:
"March 3, 1993
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 Council on Thursday,
March 11, 1993, at 8~30 a.m., in the United Way Board Room, 325
Campbell Avenue, S. W. The purpose of the meeting will be to
discuss the past, present and future of the City as we begin to lay
the foundation for updating the City's Comprehensive Plan and
blending that Plan with earlier strategic planning efforts.
Sincerely,
S/David A. Bowers
David A. Bowers
Mayor"
Mayor Bowers welcomed all
appreciation for their attendance.
participants and
expressed
The City Manager advised that Council held a planning session
in January to consider the City's budget history over the last five
years, as well as the status of capital improvement projects in an
effort to plan for the future; and following this session, work
will begin in order to build a level of understanding and vision
with regard to the direction in which the community wishes to go.
He called attention to the following written definition of
leadership, and to a comprehensive plan to be entitled, "Roanoke
Vision '93".
"Leadership is the ability to develop and communicate a
compelling vision and to inspire others to commit to this
vision by building trust, encouraging participation,
energizing and empowering."
The City Manager further advised that strategic planning that
was accomplished in 1987-88 was more of a hands on process by City
Council that did not include a great deal of involvement from other
groups, and he was pleased to see representatives from various
groups in attendance for this planning session. He explained that
the objective of the present effort is to reach out over the next
two months and try to engage the community in developing,
communicating and placing in written form a compelling vision for
the next three, five and ten years, and to compel others to make a
commitment to the vision, and once Council consummates its mission
statement, to empower and engage City staff in a planning effort to
move progressively forward. He expressed appreciation to all
persons responsible for planning the retreat, and stated a desire
that all persons attending the session will challenge the
information to be presented, think about the future, and through
City Council, a plan will be given to the City Administration to
place into effect.
Mr. Charles A. Price, Jr., Chairperson, Roanoke City Planning
Commission, made the following observations regarding planning:
Change is inevitable -- whether it is a
positive or negative force in a community may
depend upon the effectiveness of past planning
activities.
(2)
Planning can also improve governmental process
and functions. Some functions of local
government are assigned to boards and
commissions, some of which are represented at
this meeting.
(3)
Planning can be a means of coordinating
functions among the City's boards and
commissions to help ensure that they are
carrying out the goals of City Council and
citizens.
(4)
Planning provides an opportunity to involve
all citizens in developing a vision for the
City's future. Roanoke citizens have always
been a major source and involving them in this
planning effort helps guarantee that plans and
recommendations will be carried out.
Mr. Price expressed appreciation to City Council for
initiating the planning process and involving the boards and
commissions as active partners.
Ms. Tamasin Roop, Budget/Management
following definition of paradigms:
Analyst, read the
- Roanoke is housing more than its fair share of low income/
disadvantaged citizens,
- Tourism -- Roanoke has nothing to offer,
- people have to pay more to get a quality education,
- people in Roanoke do not look beyond the Roanoke Valley -
they do not look beyond their own community - they do not
look beyond the structure of government,
- must always adhere to current State/Federal regulations,
- "it it's not broke, don't fix it" -- can we break the status
quo -- needs educational process,
- we are broke but we are alright,
- need for positive paradigms -- people do not see positive
aspects of their own community -- you are what you think
you are,
- a failure to communicate between parts of the community
across boundaries -- lack of respect/trust -- a need for
leadership,
- what are Roanoke's boundaries,
- there are many citizens who are not communicated with,
- Roanoke may not have the potential of other communities,
- you have to move away to appreciate Roanoke,
- Roanoke is a "magnet" for disadvantaged citizens,
- problems are too complex to involve our citizens,
- plan programs, activities, etc., involving the public,
- Roanoke's work force will give a full day's work for a full
day's pay,
- Roanoke is the capitol of Western Virginia,
- negative paradigms -- how can we change,
- is the future simply a continuation of the past,
- diversity creates more problems than solutions which is the
reason that people leave the City,
- you can do more with less,
- because of the size of the City, Roanoke lacks higher
education opportunities,
- paradigm shift - back to zero - leave home/get married/basic
training,
- you cannot treat people like the problem if you want them to
be a part of the solution,
- need to overcome racism and economic status,
- the Roanoke Valley will always be a beautiful place to live,
- back to zero -- trust in where you are going,
- Roanoke must imitate other cities to be successful.
At 10:10 a.m., the Mayor declared the meeting in recess.
At 10~20 a.m., the meeting reconvened in the United Way Board
Room, with Mayor Bowers presiding, and all Members of the Council
in attendance, with the exception of Council Members McCadden and
White.
47
SPECIAL ~EETING
ROANOKE CITY COUNCIL
March 11, 1993
8:30 a.m.
The Council of the City of Roanoke met in special session in
the United Way Board Room, 325 Campbell Avenue, S. W., on Thursday,
March 11, 1993, at 8:30 a.m., pursuant to Section 10, Meetings of
~ouncll, of the Roanoke City Charter; and pursuant to a
communication from the Mayor under date of March 3, 1993, with
Mayor David A. Bowers presiding.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., James G. Harvey, II, Howard E. Musser and Mayor
David A. Bowers .... 5.
ABSENT~ Council Members Delvis O. McCadden and William
White, Sr. 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dlbling, Jr., City
Attorney; James D. Gricso, Acting Director of Finance; Robert H.
Bird, Municipal Auditor; Wlllard N. Claytor, Director of Real
Estate Valuation; and Mary F. Parker, City Clerk.
OTHERS PRESENT: George C. Snead, Jr., Director of Public
Safety; William F. Clark, Director of Public Works; Corinne B.
Gott, Acting Director of Human Development; Kit B. Kiser, Director
of Utilities and Operations; Charles A. Price, Jr., Chairperson,
City Planning Commission; Paul C. Buford, Jr., Vice-Chairperson,
City Planning Commission; Carolyn Hayes-Coles, Chairperson, Long
Range Planning Subcommittee, City Planning Commission; Charles W.
Day, Vice-Chairperson, Roanoke City School Board; E. Wayne Harris,
Superintendent-Elect, Roanoke City Schools; Frank P. Tota,
Superintendent, Roanoke City Schools; Richard L. Kelley, Executive
for Business Affairs and Clerk, Roanoke City School Board; Mary D.
Hackle¥, Director, Elementary Education, Roanoke City Schools;
Robert W. Glenn, Chairperson, Roanoke Redevelopment and Housing
Authority; Neva J. Smith, Executive Director, Roanoke Redevelopment
and Housing Authority; Ernest Hutton, Consultant; John R. Marlles,
Chief, Community Planning; Barry L. Key, Manager, Office of
Management and Budget; Stephanie F. Cicero, Coordinator, Roanoke
Neighborhood Partnership; Marie T. Pontius, Grants Monitoring
Administrator; Evelyn S. Gunter, City Planner; Skip Dunlap,
Planning Technician; Diane S. Akers, Budget/Management Analyst; and
Tamasin Roop, Budget/Management Analyst.
The meeting was opened with a prayer by Mayor Bowers.
48
The Mayor referred to the following communication calling the
special meeting:
"March 3, 1993
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 Council on Thursday,
March 11, 1993, at 8:30 a.m., in the United Way Board Room, 325
Campbell Avenue, S. W. The purpose of the meeting will be to
discuss the past, present and future of the City as we begin to lay
the foundation for updating the City's Comprehensive Plan and
blending that Plan with earlier strategic planning efforts.
Sincerely,
S/David A. Bowers
David A. Bowers
Mayor"
Mayor Bowers welcomed all
appreciation for-their attendance.
participants and
expressed
The City Manager advised that Council held a planning session
in January to consider the City's budget history over the last five
years, as well as the status of capital improvement projects in an
effort to plan for the future; and following this session, work
will begin in order to build a level of understanding and vision
with regard to the direction in which the community wishes to go.
He called attention to the following written definition of
leadership, and to a comprehensive plan to be entitled, "Roanoke
Vision '93".
"Leadership is the ability to develop and communicate a
compelling vision and to inspire others to commit to this
vision by building trust, encouraging participation,
energizing and empowering."
The City Manager further advised that strategic planning that
was accomplished in 1987-88 was more of a hands on process by City
Council that did not include a great deal of involvement from other
groups, and he was pleased to see representatives from various
groups in attendance for this planning session. He explained that
49
I)
the objective of the present effort is to reach out over the next
two months and try to engage the community in developing,
communicating and placing In written form a compelling vision for
the next three, five and ten years, and to compel others to make a
commitment to the vision, and once Council consummates its mission
statement, to empower and engage City staff in a planning effort to
move progressively forward. He expressed appreciation to all
persons responsible for planning the retreat, and stated a desire
that all persons attending the session will challenge the
information to be presented, think about the future, and through
City Council, a plan will be given to the City Administration to
place into effect.
Mr. Charles A. Price, Jr., Chairperson, Roanoke City Planning
Commission, made the following observations regarding planning:
(1)
Change is Inevitable -- whether it is a
positive or negative force tn a community may
depend upon the effectiveness of past planning
activities.
(2)
Planning can also improve governmental process
and functions. Some functions of local
government are assigned to boards and
commissions, some of which are represented at
this meeting.
(3)
Planning can be a means of coordinating
functions among the City's boards and
commissions to help ensure that they are
carrying out the goals of City Council and
citizens.
(4)
Planning provides an opportunity to involve
all citizens in developing a vision for the
City's future. Roanoke citizens have always
been a major source and involving them in this
planning effort helps guarantee that plans and
recommendations will be carried out.
Mr. Price expressed appreciation to City Council for
Initiating the planning process and involving the boards and
commissions as active partners.
Ms. Tamasin Roop, Budget/Management Analyst,
following definition of paradi~ns:
read the
50
Paradigms are patterns or models or sets of
rules and regulations (also known as routines,
procedures and standards) which establish
boundaries and tell us how to be successful at
solving problems within these boundaries.
Filter our incoming experiences. We
constantly view the world through our
paradigms, selecting those date that agree
with our paradigms and ignoring the rest. As
a result, what may be perfectly obvious to a
person with one paradigm may be totally
imperceptible to someone with a different
paradigm.
Dramatically affect our Judgements and our
decision making by influencing our
perceptions. It is our paradigms that keep us
from successfully anticipating the future
because we look at the future through old
paradigms.
Ms. Roop then presented a video entitled, "Discovering the
Future, the Business of Paradigms," by Joel Barker. She advised
tha~' he video has been used in the City's Managing Service
Excellence Training Program.
Following presentation of the video, there was a group
exercise on the question, "What are some of the current paradigms
about Roanoke City and the Roanoke Valley?" The following
paradigms were listed:
- the way we feel and deal with other local governments,
- low income citizens will be a growing part of the
population,
- how can we change the structure of government -- "it cannot
be changed",
- old neighborhoods have to look like they used to,
- Roanoke cannot grow -- stagnant population growth,
- Roanoke cannot be as good as other communities,
- re-establishing neighborhoods -- "We cannot reinvest in
deteriorating neighborhoods",
- cannot have strong local economy without major corporations,
- public will not support new taxes,
- Roanoke is losing its youth and leadership of tomorrow,
- cannot fight City Hall,
- Roanoke's educational system is inferior to Roanoke
County's,
- Roanoke will not support a major sporting event,
- splintered community planning -- (larger Valley) cannot be
overcome,
- Roanoke is housing more than its fair share of low income/
disadvantaged citizens,
- Tourism -- Roanoke has nothing to offer,
- people have to pay more to get a quality education,
- people in Roanoke do not look beyond the Roanoke Valley -
they do not look beyond their own community - they do not
look beyond the structure of government,
- must always adhere to current State/Federal regulations,
- "it it's not broke, don't fix it" -- can we break the status
quo -- needs educational process,
- we are broke but we are alright,
- need for positive paradigms -- people do not see positive
aspects of their own community -- you are what you think
you are,
- a failure to communicate between parts of the community
across boundaries -- lack of respect/trust -- a need for
leadership,
- what are Roanoke's boundaries,
- there are many citizens who are not communicated with,
- Roanoke may not have the potential of other communities,
- you have to move away to appreciate Roanoke,
- Roanoke is a "magnet" for disadvantaged citizens,
- problems are too complex to involve our citizens,
- plan programs, activities, etc., involving the public,
- Roanoke's work force will give a full day's work for a full
day's pay,
- Roanoke is the capitol of Western Virginia,
- negative paradigms -- how can we change,
- is the future simply a continuation of the past,
- diversity creates more problems than solutions which is the
reason that people leave the City,
- you can do more with less,
- because of the size of the City, Roanoke lacks higher
education opportunities,
- paradigm shift - back to zero - leave home/get married/basic
training,
- you cannot treat people like the problem if you want them to
be a part of the solution,
- need to overcome racism and economic status,
- the Roanoke Valley will always be a beautiful place to live,
- back to zero -- trust in where you are going,
- Roanoke must imitate other cities to be successful.
At 10~10 a.m., the Mayor declared the meeting in recess.
At 10:20 a.m., the meeting reconvened in the United Way Board
Room, with Mayor Bowers presiding, and all Members of the Council
in attendance, with the exception of Council Members McCadden and
White.
52
Mr. Ernest Hutton, Partner, Buckhurst, Fish, Hutton, Katz and
Jacquemart, explained that in collecting data, a comparison was
made between 1990 and 1980 census counts; that data concerning
matters of interest from the vision planning process of 1985 was
used, and looking at Roanoke over time, the data was compared to
other areas and municipalities such as Roanoke County, Lynchburg,
Portsmouth, Hampton and Richmond. He stated that not all the
cities chosen as comparisons were actually like Roanoke, but there
were various similarities such as population, size, or being an
economic center; that there were interesting things to be learned
from looking at differences; that the data was preliminary and
following more input, there may be questions in the ongoing
planning process that need to be checked.
Mr. Hutton reviewed slides of numerous charts and graphs
dealing with population growth, racial characteristics, age
characteristics and breakdown, employment by industry, labor force,
income, poverty characteristics, commuting patterns, residential
development, housing, education, and economy, and reviewed the
Executive Summary, Overall Conclusions: Roanoke Trends and
Prospects.
(See Executive Summary on file in the City Clerk's Office.)
During a discussion relative uo the slides, it was noted that
when making certain comparisons, individual trends that affect each
locality must be kept in mind; and the region category generally
includes most of what has been defined as Roanoke's primary,
secondary and tertiary market areas, while the MSA (Metropolitan
Statistical Area) includes two counties. It was further noted that
based on current trends, a decrease in the City's population of
about three per cent is projected over the next ten years; that
there is a projected increase in the older population by the year
2010; that projected population decline should be proportional as
far as age is concerned; that in 1990, Roanoke had a well-balanced,
diverse economy, and around 1985, it made a successful transition
from a predominantly manufacturing economy to a service oriented
economy.
It was stated that it would be advantageous to determine if
there was a like rate of difference in certain of the data between
other cities and counties compared to Roanoke City and Roanoke
County; and it would be interesting to cross reference the poverty
chart and the population chart to determine which segment of the
population is included in the poverty rate.
In a further discussion of the slides, it was noted that
another implication of the commuting patterns is the stress placed
on the City's transportation system; that the City has
approximately ten per cent of the metropolitan land area and
slightly over 50 per cent of the Jobs; that it is important to
53
monitor land availability and be aware of increasing competition
for land between different types of development; that much of
Roanoke's available land is in smaller parcels and could be infill
parcels within various neighborhoods, which ties in with the
concept of neighborhood revitalization; and it is essential to keep
a balance of diverse housing in order to maintain the City's
diverse population base.
Mr. Marlles advised that the next step in the planning process
is to take a more in-depth look at certain questions such as
whether housing was constructed for middle, upper or lower income
level families, whether there are infill homes in residential
areas, and if so, what impact they have insofar as enhancing
revitalization.
At this point, 10:20 a.m., Council Member Bowles left the
meeting.
In a further discussion, it was pointed out that the charts
indicate that income is higher in Roanoke County and taxes are
lower, while in Roanoke City, income is lower and taxes are higher,
however, the cost of housing is less; that a higher proportion of
the City's tax base comes from non-residential than the County;
that the tax base is one item used by the State in its funding
formula for education, and because the State considers Roanoke
County less wealthy than Roanoke City, the City receives less money
per pupil than the County; and the Federal poverty rate is
approximately $12,000.00 for a family of four, and low-income may
not necessarily mean being below the poverty level.
It was further noted that the City is sharing a larger
percentage than ever on funds spent for education; that the
increase shown in instructional personnel was probably due to the
Federally-funded magnet schools; that the dropout rate does not
necessarily increase Just because the number of disadvantaged
children in the City's school system increases; that a reported
figure of 55 per cent of high school graduates going on to higher
education may have only been based on four year colleges; that City
students consistently test above their level of expectation, and it
would be more advantageous if performance charts were based on
student ability; and norm reference tests basically discriminate
against poverty children.
At this point, 11:00 a.m., Council Member Harvey left the
meeting.
It was pointed out that the Hotel Roanoke Project would
increase the number of convention visitors and related spin-offs
and should positively impact local economy; and consideration of
what Roanoke has to offer in terms of tourism is an important part
of the economic development of the area.
Mr. Hutton advised that the above comments and questions were
helpful and many would be incorporated in further research and on-
going planning.
At 11:55 a.m., the Mayor declared the meeting in recess.
At 12:45 p.m., the meeting reconvened in the United Way Board
Room, with Mayor Bowers presiding and all Members of the Council in
attendance, with the exception of Council Members Bowles, Harvey,
McCadden and White.
Mr. Marlles gave a slide presentation and reviewed the
Internal Scan which involved key department heads, Directors,
staff, and the school administration on issues of quality of
housing, zoning, Jobs, public education including "at-risk"
students, community problems, election of School Boards, youth and
elderly, human services, public safety, parks and recreation,
infrastructure, Greater Roanoke Transit Company, and automation.
(See Internal Scan on file in the City Clerk's Office.)
Council Member Musser questioned the status of a report with
regard to creation of more middle to upper income housing;
whereupon, the City Manager advised that out of necessity, he had
instructed City staff to place the project on hold in order to
expedite work on the Hotel Roanoke/Conference Center Project, and
as soon as possible, City staff will be reassigned to the housing
issue.
The matter of deteriorating housing along major thoroughfares
in the City was discussed; whereupon, Mr. Marlles advised that
there had been a change in the City's housing policy, as evidenced
by the Comprehensive Housing Affordability Strategy, to shift
emphasis to promoting home ownership as opposed to rental units;
that the City needs to be sensitive to residential areas that front
on major highways because they are the most vulnerable to
deterioration, which, once started, could have a rapid progression;
and the City Planning Commission and the Planning Department are
sensitive about encouragement of commercial uses into those
particular areas.
At 1:00 p.m., participants divided into three teams for a
group exercise to consider the following question: "If you were to
leave Roanoke tomorrow and come back in the year 2013, what kind of
community would you like to see?" Instructions were given to list
paradigms focused on the economy, infrastructure, the natural and
built environments, education and human capital, image and urban
design, and the region.
55
At 1:55 p.m., the group reconvened to present team reports.
At 2:00 p.m., Mrs. Bowles returned to the meeting.
On behalf of Team No. 1, Mayor Bowers presented the following
report:
The Natural and Built Environments:
- mountainside preservation
- flood reduction project will be completed
- contlnue trend "Star City of South"...Star City of the World
- diverse housing, especially new housing
- elimination of sub-standard housing
- safer neighborhoods
The Economy:
- tax base expanded above rate of inflation (excluding real
estate and personal property taxes)
- trend setting economy ..... on cutting edge
- Job for everyone who wants one
- diverse economy, more diversified than present
- Hotel Roanoke Conference Center $6-8 million/year generated
in taxes
The Region:
- educate community -- local government reorganization
- City of Roanoke as entire Roanoke Valley
- population increase one per cent per year (modest versus
strong increase) reasonable growth
- expansion of "mental boundaries" to encompass entire Valley
- consolidated government for Valley
- a Roanoke Valley that will provide the type of living that
you want...any type...diversified
Infrastructure:
- Amtrak )
- Hotel Roanoke )
- Transportation Museum )
- linear park railroad/trolley )
- Henry Street )
completion of various projects, especially
cultural facilities
- for every road, a bike lane and sidewalk
Synergistic
:ertainment and
fewer automobiles in City
improved major thoroughfares, improved collector streets
(four lane roads on edges of neighborhoods) --- Valley as
well as City
- completion of Peters Creek Road Extension
- improved highway access to Smith Mountain Lake
- Smart Road to Virginia Tech
Education and Human Capital:
- more efficient use of school buildings, i. e., extended
child care after 3:00 p.m., recreational use after hours
- greater appreciation of Roanoke's past
- Roanoke City educators number one in the Valley, I. e., test
scores, etc.
- develop international reputation for talent and skill
- strong emphasis on families
- diverse education/training system
- day care
- parenting education for all families
- supervised recreation for youth
- elimination of child abuse
- help community accept different cultures
- involve churches in process for government
- retired leadership back for networking and education
- better ties to Virginia Tech and other four year
universities
Image and Urban Design:
- sidewalks, front porches returned to image of community
subdivisions
- enhance historic areas through sidewalks, lighting, etc.
- elevate sense of pride in neighborhoods
- beautiful neighborhoods
- keep the Star!
On behalf of Team No. 2, Council Member Fitzpatrick presented
the following report:
The Region:
- Lynchburg to Montgomery County (university)
- Roanoke to be focus - Lynchburg to Harrisonburg to Lee
County
- Roanoke to lead growth tn western Virginia
- a fully cooperative Roanoke V~lley
- regional services to citizens
Image and Urban Design:
- lnftll-houslng would be closely related to neighborhood
(criteria for neighborhood not devalued)
- revitalize neighborhood with amenities to become the
community
- recognize scale of downtown
- more urban pocket parks
- greater understanding/respect for image/design by population
- Victory Stadium upgraded and utilized
- uniformity in communicating public image (via logos, seals,
etc.)
The Economy=
- more linked to technologies associated with university
- more deliberate in ensuring diversity
- more integrated/competitive with international economy
- utilize local resources and facilities
- more focused on tourism - natural beauty, what we already
have
- target industrial development
- maintain natural beauty
- economy serves as stimulus for other development/
opportunities
- regional basis
Infrastructure:
- catch up with needs
- regional focus
- planned and on-going/rather than crisis
- future oriented
- sensitive to people (four lane roads)
- Smart Road will be a reality
- phased out under-utilized infrastructure
- should provide opportunities for economic development
The Natural and Built Environments=
- on-going neighborhood planning
- natural envirorunent - greatest asset/drawing card -
regionally protected and controlled
- harmony between built environment and natural environment
- maintain suburban flavor of neighborhoods
- development needs to be environmentally sensitive
- protect Blue Ridge Parkway, Roanoke River Corridor, Mill
Mountain, "The Bowl"
- on-going communication and planning with citizens to
anticipate and resolve problems
Education and Human Capit~l:
- continued updating of physical plans
- oDportunities available to all to reach potential
- commitment of City to literacy
- decreased poverty
58
- maintenance of population that is balanced - income
- integration -intense working partnership between Job
providers and education
- society recognize value of teaching profession (financially)
- seek reasonable rate of growth (population) and per capita
income
- increased test scores -- students working to their own
potential
On behalf of Team No. 3, Council Member Musser presented the
following report:
The Natural and Built Environments:
- expanded park system
- protect vista of hills and mountains from development
- first-class air quality, water, etc.
- entrances to City well landscaped
- streets to have sufficient trees
- no river flooding so there can be nice houses along the
river
- non-conflicting laws and regulations that blend, make sense
and are appropriate
Infrastructure:
- better transportation system - fewer hills
- more ways to cross the railroad
- utility lines underground
- 150,000 square foot trade center that is ten years old
- no pipes with leaks
- a 15 year old Sewage Treatment Plant with excess capacity
for future development
- walkway across 581 to expand Hotel Roanoke across Interstate
The Economy:
- more citizen self-reliance (less government dependence)
- high quality, more Jobs - goal - full employment
- expanded and diverse tourist attractions
- expanded facilities to serve tourists
Image and Urban Desiqn:
- elimination of all vacant housing
- no unused structures
- more natural vegetation that blends with building
(commercial and residential)
- blending new and well-preserved homes
- smoothest and cleanest streets in the south
59
- Melrose Avenue from Salem Avenue to downtown Roanoke will be
revitalized
- Wllliamson Road from Roanoke County to downtown Roanoke will
bs revitalized (a showplace)
- every entranceway to the City will be beautiful
- one thriving central business district instead of "multiple
downtowns" that will include housing
The Region:
- more government cooperation
- improved air and rail service including Jets
- passenger train service
- well-run regional landfill that is 18 years old
- new form of government that will better address the needs of
the 21st century
- a safe, crime and drug-free community
- racial tolerance and harmony -- respect for and awareness of
different cultures
Education and Human Capital:
- nice four year university - state supported
- community norm of mutual concern, respect and responsibility
- a public school system that is in such demand that we can
charge tuition to non-city residents
- sincere commitment to quality education: physical plant,
personnel, methodology
- Roanoke will continue to attract top quality school
administrators
- stronger marriage between public schools and local higher
education
- strong commitment to family values
- 90 per cent reduction in teen pregnancy/parentage
Mr. Hutton stated that even though there was considerable
overlap, all of the ideas would provide direction for the future
planning process.
Mr. Hutton presented slides and reviewed previous planning
efforts. He advised that included in previous efforts were the
downtown oriented Design '79 and Design '85; that citizen based
planning efforts commenced in 1980 with the establishment of the
Roanoke Neighborhood Partnership, and explained how the planning
process evolved. He further advised that building on the planning
process, Roanoke Vision was begun in 1985, and the latest effort
was an update of that plan which was a comprehensive plan not
intended to focus on an individual issue, but to look at the City
as a whole and to determine how many concerns were connected; and
in 1985, consideration was given to what had been done in the past,
both positive and negative, and how to proceed with the positive
60
and deal with the negative. He explained how the planning process
evolved which included issues such as environmental quality, flood
control measures, residential and commercial land use, housing,
neighborhood revitalization, downtown revitalization, cultural and
arts facilities, industrial development, access and infrastructure
improvements, parks and recreation, and definition of public
regulations. He noted that Roanoke Vision '85 provided a strong
foundation on which to build.
Mr. Marlles called attention to a written status report on
major recommendations contained in the Roanoke Vision plan, noting
that Roanoke Vision was intended to be a 20 year plan and many of
the activities were categorized as on-going; that many
recommendations have been completed which points out how much the
City has accomplished; and it is important to continue monitoring
progress on the various issues.
(See Status of 1985 Plan Recommendations on file in the City
Clerk's Office.)
Mr. Hutton called attention to the City's Mission Statement
and Strategic Issues, advising that strategic planning entered into
by Council is another strong foundation on which to build.
(See Mission Statement and Strategic Issues on file in the City
Clerk's Office.)
Mayor Bowers requested that the words "and visit" be added to
the following Mission Statement: "Roanoke, the "Star City", will
be the most exceptional place to live and work and visit in the
South."
Mr. Hutton reviewed numerous diagrams regarding
recommended planning process for Roanoke Vision '93.
the
(See diagrams on file in the City Clerk's Office.)
In a discussion of the diagrams, Mr. Hutton advised that the
goal is to continue combining long-term comprehensive planning with
short-term strategic planning, and it is important for the effort
to be an on-going process of monitoring, control and looking ahead
to the future. He explained that the Office of ManagemeDt and
Budget and the Office of Community Planning, under the mandate of
City Council and the City Planning Commission, and directed by the
City Manager in cooperation with other directorates, will perform
the vision planning and prepare action p~ojects; that other
agencies outside the overall purview of the City administration,
and agencies such as the School Board and the Housing Authority,
61
will be included in the planning; and an advisory committee will be
established composed of public, private, civic and neighborhood
persons to work directly with the City staff on an on-going basis
in order to create the plan.
The City Manager led a group exercise with ten volunteers, the
purpose of which was to demonstrate how quickly they understood a
specific assignment and how quickly they could carry out the
assignment when placed in the right environment.
It was the general consensus of those present that the meeting
was an exciting and stimulating session; that the process as
outlined should be carried forward; that the opportunity for such
a diverse group to come together and discuss matters of concern was
appreciated; and that the spirit of cooperation and open
communication should continue. Appreciation was expressed to the
City administration and staff, not only for their hours of
preparation in anticipation of the meeting, but also for their
previous and continuing dedication and hard work.
Vice-Mayor Fitzpatrick suggested that the Mayor hold a summit
of governments in the Roanoke Valley in this same kind of format,
not only to share the vision, but also ideas and concepts for the
future.
There being no further business, the Mayor declared the
meeting adjourned at 3:45 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
62
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
March 22, 1993
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, March 22,
1993, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetinqst of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr.,
James a. Harvey, II, Howard E. Musser, William White, Sr.,
Elizabeth T. Bowles and Mayor David A. Bowers- 6.
ABSENT: Council Member Delvis O. McCadden
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grisso, Acting Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend George
Pearson, Pastor, Southview United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
SCHOOLS: The Mayor advised that on July 1, 1993,
there will be two vacancies on the Roanoke City School
Board, for terms of three years each, ending June 30,
1996. 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, the matter was before the body.
The Mayor further advised that as of March 10, 1993,
at 5:00 p.m., which was the deadline for receipt of
applications, the following persons had applied for the
two upcoming vacancies:
Paul E. Corn
Charles W. Day
H. Joel Kelly
Finn D. Pincus
Patricia W. Witten
ACTION:
ACTION:
Mr. White moved that the applications be received
and filed. The motion was seconded by Mr. Fitzpatrick
and adopted.
PUBLIC HEARINGS
BUDGET-BONDS/BOND ISSUES-TAXES-CITY JAIL-CAPITAL
IMPROVEMENTS PROGRAM-YOUTH CORRECTIONAL FACILITIES-
TRAFFIC-CITY CODE-LICENSES-HOTEL ROANOKE CONFERENCE
CENTER: 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 22, 1993,
at 2:00 p.m., or as soon thereafter as the matter may be
heard, with regard to the proposed adoption of an
ordinance authorizing the City to contract a debt and
issue $20,100,000.00 principal amount of general
obligation bonds of the City for the purpose of providing
funds to defray the cost of the Conference Center, Jail
expansion, and Juvenile Detention Home expansion, the
matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Sunday,
March 7, 1993, and S~nday, March 14, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
Mr. Musser moved that the following ordinance be
placed upon its first reading:
(#31375) AN ORDINANCE authorizing the issuance of
twenty million one hundred thousand dollars
($20,100,000.00) principal amount of General Obligation
Bonds of the City of Roanoke, Virginia, for the purpose
of providing funds to defray the cost of various public
improvement projects 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. 54,
page 435.)
The motion was seconded by Mr. Fitzpatrick.
6.4
The City Manager submitted a written report advising
that a recommendation to issue $20.1 million in General
Obligation Bonds was made to Council, pursuant to
communication dated March 3, 1993; and bonds were
recommended to be issued to fund the following critical
capital projects:
Conference Center
Jail Expansion
Juvenile Detention Home
Expansion
$13,800,000.00
4,800,000.00
1,500,000..00
Total
}_2o. lOO, oo0. 09
The City Manager further advised that funding for
debt service on bonds for the Conference Center is to be
provided from future tax revenues from operation of the
Conference Center; and funding for debt service on bonds
for the Jail expansion and the Juvenile Home expansion is
recommended to be provided from the following fee and tax
increases:
$5.00 increase in motor vehicle license fee
for vehicles under 4,000 pounds from $15.00 to
$20.00, a $5.00 increase in the $15.00 minimum
fee for other vehicles, and a $1.00 increase
in the fee to re-issue licenses from $1.00 to
$2.00 .............................. $325,000.00
$.03 per pack increase in the cigarette tax
from $.14 to $.17 per pack, or from $.007 per
cigarette to $.0085 per cigarette..$305,000.00
It was explained that measures supporting the Jail
expansion and Juvenile Detention Home expansion projects
were approved by Council on March 8, 1993, which was
necessary in order for applications to be filed with the
Commonwealth of Virginia for partial funding of said
projects; that public advertisements regarding the
issuance of $20.1 million in General Obligation Bonds
under the Public Finance Act were placed in the Roanoke
Times & World News on March 7 and 14, 1993; that public
advertisement regarding the proposed increases in the
motor ~ehicle license fee and the cigarette tax rate was
published in the Roanoke Tlmes& World News on March 15,
1993; and Council's authorization of $20.1 million in
General Obligation Bonds under the Public Finance Act and
approval of the recommended fee and tax increases to fund
debt service is requested in order to permit the projects
to move forward in a timely fashion.
The City Manager recommended that Council authorize
the issuance of $20.1 million in General Obligation Bonds
under the Public Finance Act to provide funds for the
following critical capital projects:
Conference Center
Jail Expansion
Juvenile Detention Home
Expansion
$13,800,000.00
4,800,000.00
1~500~000.00
Total
$29,.loo,ooo.oo
It was further recommended that Council authorize
the following fee and tax increases to fund debt service
on the Jail expansion and Juvenile Detention Home
expansion projects:
$5.00 Increase in motor vehicle
license fee for vehicles under
4,000 pounds from $15.00 to $20.00, and a
$5.00 Increase in the $15.00 minimum
fee for other vehicles, effective April 15,
1994, and a $1.00 increase tn the fee to
re-Issue licenses from $1.00 to $2.00,
effective July 1, 1994 $325,000.00
$.03 per pack increase in the
cigarette tax from $.14 to $.17
per pack, or from $.007 per cigarette
to $.0085 per cigarette, effective
July 1, 1993 $305,000.00
It was further recommended that Council appropriate
$4.8 million and $1.5 million tn anticipated bond
proceeds to accounts to be established by the Acting
Director of Finance tn the Capital Projects Fund for Jail
expansion and Juvenile Detention Home expansion projects,
respectively.
(For full text, see report on file in the City Clerk's
Office.)
The Mayor inquired if there were persons present who
would like to address Councll with regard to the matter.
There being none, Ordinance No. 31375 was adopted, on Its
first reading, by the following vote:
66
ACTION:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers ....... 6.
NAYS: None- - ...... 0.
(Council Member McCadden was absent.)
Mr. Musser offered the following emergency budget
ordinance:
(#31376-032293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 411.)
Mr. Musser moved the adoption of Ordinance No.
31376-032293. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None
(Council Member McCadden was absent.)
BUDGET-BONDS/BOND ISSUES-TAXES-CITY JAIL-CAPITAL
IMPROVEMENTS PROGRAM, YOUTH CORRECTIONAL FACILITIES-HOTEL
ROANOKE CONFERENCE CENTER-TRAFFIC-CITY CODE-TAXES-
LICENSES: 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 22,
1993, at 2:00 p.m., or as soon thereafter as the matter
may be heard, to consider a proposal to increase the
current cigarette tax from $.007 to $.0085 per cigarette,
effective July 1, 1993; to increase the current annual
license tax on certain vehicles from $15.00 to $20.00,
effective April 15, 1994; and to increase the fee for
transfer or replacement of the annual motor vehicle
license from $1.00 to $2.00, effective July 1, 1993, the
matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Monday,
March 15, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
67
ACTIONs
Mr. White moved that the following ordinance be
placed upon its first reading:
(#31377) AN ORDINANCE amending and reordaining
Section 32-190, Levied;. amount, Code of the City of
Roanoke (1979), as amended, to provide for an increase in
the cigarette tax rate from $.007 per cigarette to $.0085
per cigarette; and providing for an effective date of
July 1, 1993.
(For full text of Ordinance, see Ordinance Book No. 54,
page 445.)
The motion was seconded by Mr. Fitzpatrick.
The Mayor advised that the City Clerk's Office
received approximately 27 telephone calls from
individuals expressing opposition to the proposed
cigarette tax increase, and his office received
approximately eight calls.
The Mayor inquired if there were persons present who
would like to address Council in connection with the
matter; whereupon, Melvin M. Echols, 2768 Beverly
Boulevard, S. W., advised that he is opposed to the tax
increases. He stated that the cigarette tax causes City
residents to purchase cigarettes in Roanoke County and
thus, the County will receive the benefit of other sales.
In connection with the automobile decal fees, he advised
that the City Manager has stated that the increase will
bring Roanoke on line with surrounding localities,
however, he pointed out that he would prefer that the
City's fee be less than other nearby Jurisdictions in
this instance. He added that his real estate taxes have
increased, that decal fees are recommended to be
increased and noted that the services he receives from
the City continue to go down while taxes continue to go
up. He stated that he will soon be required to carry his
trash to the curb; that in the past, his street was
cleaned at least once a month, however, last year, the
street was cleaned on only one occasion which is another
example of a decrease in City services.
Olney H. Powers, 2641 Nottingham Road, S. E.,
inquired about the decal fee for a vehicle over 4,000
pounds; whereupon, the City Manager advised that although
under State law, localities may increase the fee up to a
maximum of $27.00 per vehicle, no proposed change in the
decal fee for vehicles of 4,000 pounds or greater is
recommended at this time.
68
ACTION~
No other person wishing to be heard, Ordinance No.
31377 was adopted, on its first reading, by the following
vote:
AYES: Council Members Fltz~atrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None
(Council Member McCadden was absent.)
Mr. White moved that the following ordinance be
placed upon its first.reading:
(#31378) AN ORDINANCE amending and reordaining S20-
28, Tax imposed, Code of the City of Roanoke (1979), as
amended, to provide that the current annual license tax
on each passenger vehicle or motor home weighing four
thousand (4000) pounds or less be increased from fifteen
dollars ($15.00) to twenty dollars ($20.00); that the
minimum annual license tax for certain motor vehicles
with a passenger seating capacity of more than ten (10)
adults, certain school buses, certain trailers or semi-
trailers designed for human occupancy, certain taxicabs
and other motor vehicles for hire, certain church buses,
and certain vehicles used not for profit in transporting
persons, who as a part of a common undertaking, agree to
bear all or part of the costs of operation or used by a
lessee renting such vehicle under written lease for
twelve months or longer, be increased from fifteen
dollars ($15.00) to twenty dollars ($20.00); that the
annual license tax on motor vehicles not designed for
transportation of passengers and having a gross weight of
4,000 pounds or less be increased from fifteen dollars
($15.00) to twenty dollars ($20.00); and that the annual
license tax on pickup and panel trucks weighing 4,000
pounds or less be increased from fifteen dollars ($15.00)
to twenty dollars ($20.00); and providing for an
effective date of April 15, 1994.
(For full text of Ordinance, see Ordinance Book No. 54,
page 446.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
69
ACTION=
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers .... 6.
NAYS: None O.
(Council Member McCadden was absent.)
Mr. Fitzpatrick moved that the following ordinance
be placed upon its first reading:
(#31379) AN ORDINANCE amending and reordaining
Section 20-34, Same - Transfer, and Section 20-35, Same -
Replacement when lost, Code of the City of Roanoke
(1979), as amended, to provide for an increase in the fee
for transfer or replacement of the annual motor vehicle
license from one dollar ($1.00) to two dollars ($2.00);
and providing for an effective date of July 1, 1994.
(For full text of Ordinance, see Ordinance Book No. 54,
page 450.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Council Member McCadden 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 a personnel matter, being the appointment of
a specific public officer; and specific legal matters
requiring the provision of legal advice by counsel, being
the terms and conditions of various agreements to which
the City is a party relating to the Hotel Roanoke
Conference Center.
MINUTES: Minutes of the Joint meeting of Council
and the Roanoke City School Board held on Monday,
December 7, 1992; the regular meeting of Council held on
Monday, December 7, 1992; the special meeting of Council
70
ACTION:
ACTION:
held on Thursday, December 10, 1992; the regular meeting
of Council held on Monday, December 14, 1992; and the
special meeting of Council held on Wednesday,
December 16, 1992, 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. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Council Member McCadden was absent.)
COMMITTEES-LEAGUE OF OLDER AMERICANS: A
communication from Susan B. Williams, Executive Director,
League of Older Americans, Inc., recommending Council's
concurrence in the appointment of Calvin H. Johnson as a
representative of the City of Roanoke on the League's
Board of Directors, was before the body.
It was explained that while the Board does not have
appointees from local governments, it requests specific
local governments to give their "blessing" of the
proposed nominees to represent the Jurisdiction in which
they reside; that at the present time, John W. Eure and
Alphonzo Holland are Roanoke City representatives; that
Mr. Holland's six years of eligibility expire with the
1993 annual meeting on March 18, 1993; that the
nominating committee has selected Calvin Johnson, 3530
Windsor Road, S. W., a retired U. S. Postmaster, to
replace Mr. Holland as the second Roanoke City
representative; and it is hoped that Mr. Johnson's
nomination will meet with Council's approval.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur In the
recommendation of the League of Older Americans, Inc.
The motion was seconded by Mr. Harvey and adopted by the
following vote:
71
ACTION=
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers ............. 6.
NAYS: None- 0.
(Council Member McCadden was absent.)
COMMITTEES-MENTAL HEALTH SERVICES: A communication
from Rita J. Gliniecki, Chairperson, Mental Health
Services of the Roanoke Valley Board of Directors,
advising that at its regular meeting on Thursday,
February 4, 1993, the Board of Directors passed certain
revisions to the By-laws, which are intended primarily to
change the name of the agency to reflect the variety of
disability populations served within the five member
Jurisdictions and to incorporate the phrase "Community
Services" which is shared by 35 out of 40 similar
organizations throughout the Commonwealth of Virginia,
was before Council.
It was explained that in addition, revisions bring
the By-laws into compliance with current standards
established by the Department of Mental Health, Mental
Retardation and Substance Abuse Services and reflect the
current operating practices of the Board; and the Board
recommends ratification of the changes in its By-laws as
required by regulations promulgated under Title 37.1,
Chapter 10, of the Code of Virginia (1950), as amended.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the matter be referred to the
City Manager for study, report and recommendation to
Council. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None' 0.
(Council Member McCadden was absent.)
72
ACTION~
ACTION~
COUNCIL: A communication from the Vice-Mayor
requesting that Council meet tn 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.)
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. Harvey and adopted by the following
vote~
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers -6.
NAYS: None 0.
(Council Member McCadden was absent.)
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss
specific legal matters requiring the provision of legal
advice by counsel, being the terms and conditions of
various agreements to which the City is a party relating
to the Hotel Roanoke Conference Center, 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 matters requiring the provision of
legal advice by counsel, being the terms and conditions
of various agreements to which the City is a party
relating to the Hotel Roanoke Conference Center, pursuant
to Section 2.1-344 (A)(7), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Harvey and
adopted by the following vote:
73
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Council Member McCadden was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-SNOW REMOVAL: Olney H. Powers, 2641
Nottingham Road, S. E., appeared before Council in
connection with procedures used by the City in clearing
snow during the March 1993 blizzard. He stated that when
he lived on Corbieshaw Road, S. W., on Christmas day in
1967 it snowed 14 inches and by 1:00 p.m. the following
day, the snow was plowed and the operator of a bulldozer
employed by the City had cleared the street. He advised
that on March 13, 1993, approximately 16 inches of snow
fell in the Roanoke Valley; that Nottingham Road is
parallel to Yellow Mountain Road and Robin Hood Road,
both of which were plowed within 24 hours of the
snowfall, but it took four calls to the City in order for
Nottingham Road to be cleared at 6:00 p.m. on Monday
evening, however, by that time, the snow was packed down
and refrozen and the snowplow blade was able to do very
little to clear the road. He added that on Monday
morning, downtown Roanoke streets were in poor condition,
with only the main streets being passable. He pointed
out that on Sunday, the day after the snow, weather
conditions improved and the temperature rose above
freezing, which was close to ideal weather conditions to
plow the streets, however, the City failed to take
advantage of favorable weather conditions to clear City
streets. He asked if taxpayers are to be expected to
endure the same treatment the next time the City
experiences a heavy snowfall.
The City Manager advised that later on the agenda he
was scheduled to present a briefing on snowfall efforts.
He stated that he would be pleased to meet with Mr.
Powers to discuss his concerns, advising that there have
been compliments and complaints, and in those instances
where the City has received complaints, it is intended to
meet with the citizens in order to learn of and to deal
with their concerns appropriately. He stated that any
time there is a snowfall of this magnitude, there will be
74
some things that the City does well and there will be
some areas in need of improvement, and City staff is
currently evaluating and studying procedures that were
used in an effort to improve service in the future.
REGIONAL C~AMBER OF COMMERCE-ECONOMIC DEVELOPMENT:
Martin O. Skelly, 2101 Carter Road, S. W., member of the
Economic Development Committee of Leadership Roanoke
Valley, which is sponsored by the Regional Chamber of
Commerce, advised that a program was organized by the
Chamber of Commerce in an effort to help young people and
future leaders of the Roanoke Valley learn skills that
will be useful to the community, therefore, the Economic
Development Committee was charged with the responsibility
of preparing a product that would be meaningful in terms
of economic development. He referred to a video which
was prepared under the leadership of the Economic
Development Committees that is intended to promote the
quality of life in Roanoke and encourage increased
tourism in the Roanoke Valley. He explained that the
video was made available to the Roanoke Valley Convention
& Visitors Bureau, to the Regional Chamber of Commerce
and is scheduled to be presented to the Roanoke County
Board of Supervisors and to the Salem City Council in the
near future. He stated that the video was made possible
by the efforts of Lamar Advertising and WBRA-TV, and
presented four copies for use by the City of Roanoke.
Following a viewing of the video, it was suggested
that the tape be shown on the cable television
Governmental Access Channel and at the Roanoke Regional
Airport.
Without obJectionbyCouncll, the Mayor advised that
the remarks of Mr. Skelly would be received and filed and
that the City Clerk be requested to communicate Council's
appreciation to the Regional Chamber of Commerce, the
Roanoke Valley Convention and Visitors Bureau, Lamar
Advertising and WBRA-TV for their respective roles in
preparing the video.
CLEAN VALLEY COUNCIL: Ellen Aiken, Executive
Director, Clean Valley Council (CVC), advised that the
Clean Valley Council isa private non-profit organization
whose purpose is to promote responsible waste management
practices in the Roanoke Valley, serving five local
governments, including the City of Roanoke. She stated
that the Clean Valley Council was formed in 1978 by a
group of citizens concerned about maintaining and
improving the natural beauty of the area and the quality
of life in the community. She further stated that
although originally, the Clean Valley Council was funded
almost completely by a State grant established to help
localities with litter control programs, and they have
continued to receive State funds, their appropriation has
been cut significantly over the years making up less and
less of the annual budget in terms of overall dollars and
in the percentage of the overall budget, and as a result,
more effort has gone into fundraising during recent years
which has taken away from time spent on actual programs.
Ms. Aiken pointed out that early programs focused
primarily on litter control; that Clean Valley Day was
organized in the spring; and goals of the Clean Valley
Council include promoting volunteerism and community
pride and involvement. She stated that efforts at litter
control caused the Clean Valley Council to become
increasingly aware of all of the trash that was being
disposed of properly, but was filling up the landfills at
alarming rates, which increased their interest in
recycling as a waste disposal alternative. She further
stated that the CVC worked to increase recycling
opportunities for the public by helping to establish a
buy-back center in the early 1980's which later led to
the establishment of the community recycling station at
Cycle Systems, and today, that station provides multi-
material recycling opportunities for many Roanoke Valley
residents. She added that other drop-off centers around
the Roanoke Valley have been established, as well as
three curbside collection programs, the largest of which
exists in the City of Roanoke. She stated that the
Roanoke Valley has been regarded as a leader in recycling
since 1978, and each local government has worked to reach
State mandated recycling levels, and the Clean Valley
Council has been involved in planning many of the
programs to help meet the required mandates. She noted
that as a result, opportunities for recycling for Roanoke
Valley residents have increased due to the growing number
of drop-off centers presently existing, and the community
has become more concerned about educating the public with
regard to solid waste issues generally and the proper way
to recycle.
Ms. Aiken explained that one of the main concerns of
CVC has been the education of youth, advisinq that an
environmental educator offers programs to elementary and
secondary school children throughout the school year, and
seminars are offered to college students, and students
have become more involved in environmental activities
outside of the classroom as well as community service
projects. She called attention to a steady increase in
requests for the programs, advising that last year over
76
400 programs were offered to approximately 23,000
children. She stated that in 1992, a business recycling
video was developed which won an award from the Virginia
Recycling Association; that a workshop on business
recycling was conducted that helped to form the business
recycling network which is composed of a group of
prominent business recyclers who meet monthly to discuss
recycling programs and opportunities. She commented that
the business recycling programs teach companies how to
evaluate their businesses for recycling potential by
examining their waste and planning a program that works
well for them.
Ms. Alken advised that the end result of recycling
education efforts revealed a significant decrease in the
amount of material going to the regional landfill since
1990, which is believed to be at least, in part, due to
recycling. She stated that there have been successes;
that there are still waste related problems that need
solutions such as yard waste which composes approximately
20 per cent of materials going to the landfills; and the
Clean Valley Council is currently working on a backyard
composting project that will educate the homeowner about
alternative uses for yard debris. She added that an
ongoing program is needed to address proper disposal of
household hazardous waste and the Clean Valley Council is
working with the old and the new landfill boards to help
citizens make responsible choices in the proper use and
disposal of these materials.
In closing, Ms. Aiken stated that the goal of the
Clean Valley Council is to be a resource, and to assist
citizens and local governments in the protection and
improvement of the Roanoke Valley.
The Mayor presented Ms. Eiken with a Proclamation
declaring Saturday, April 3, 1993, as CLEAN VALLEY DAY.
(For full text, see Proclamation on file in the City
Clerk's Office.)
Without objection by Council, the Mayor advised that
the remarks of Ms. Eiken would be received and filed and
made a part of the official record.
PETITIONS AND COMMUNICATIONS:
BUDGET-CAPITAL IMPROVEMENTS PROGRAM-SCHOOLS: A
communication from the Roanoke City School Board
requesting that Council appropriate $152,880.00 from the
1992-93 Capital Maintenance and Equipment Replacement
77
ACTION:
Fund to be used for the purchase of classroom furniture
and equipment and for the replacement of school heating
plant components, was before the body.
A report of the Acting Director of Finance advising
that the School Board has previously appropriated
$152,880.00 from fiscal year 1992 Capital Maintenance and
Equipment Replacement Program funding of $1,285,089.00,
which will leave an unappropriated balance of
$243,881.00; and recommending that Council concur in the
request, was also before the body.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(931380-032293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 412.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31380-032293. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None ,0.
(Council Member McCadden was absent.)
PARKS ANDRECREATION-ARMORY/STADIUM-SPECIALPERMITS-
VA AMATEUR SPORTS/COMMONWEALTH GAMES: A communication
from Peter R. Lampman, Executive Director, Virginia
Amateur Sports, Inc., requesting waiver of concession
rights to allow Domino's Pizza to sell food and beverages
during sports activities of the Commonwealth Games of
Virginia to be held at the River's Edge Sports Complex
and Victory Stadium on July 16 - 18, 1993, was before
Council.
(For full text, see communication on file in the City
Clerk's Office.)
78
ACTION:
Mr. Harvey moved that the request be referred to the
City Manager for study, report and recommendation to
Council. The motion was seconded by Mr. Fitzpatrick and
adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
AFFIRMATIVE ACTION-CITY EMPLOYEES-POLICE DEPARTMENT-
FIRE DEPARTMENT-COMPLAINTS: The City Manager submitted
a written report advising that the City's Affirmative
Action Program provides for an annual briefing to City
Council on the status of equal employment and affirmative
action related to City employment, and Council was last
briefed on March 2, 1992; whereupon, he called upon the
Manager of Personnel, Kenneth C. Cronin, to present the
1993 briefing.
Mr. Cronin noted that specific EEO/Affirmative
Actions that City departments participated in during
fiscal year 1991-92 include the following:
public safety recruitment by the Police
Department and Personnel Department;
participated in certain Job fairs at various
colleges and universities;
the Summer Internship Program provided seven
minority internships for rising graduating
seniors attending certain institutions of
higher learning;
appointed by the Roanoke City School Board to
serve on the Board of Directors of the
Business and Technical Education Council
through June 30, 1995;
sponsored a ministerial luncheon for minority
clergy at Sweet Union Baptist Church which
continues to provide a forum to discuss issues
of Importance to the minority clergy and City
officials;
sponsored two training programs covering the
Americans with Disabilities Act and appointed
a coordinator to ensure that the City is in
compliance with this new Federal mandate;
79
revised City hiring standards and procedures
to work toward compliance with the Americans
with Disabilities Act;
participated in the Business Education Program
which alternates between Patrick Henry High
School and William Fleming High School;
City staff continues to participate in the
quarterly meeting functions of the Mayor's
Committee For Persons With Disabilities;
proposed development of a Fire Cadet Program
in conjunction with the Roanoke City School
Board Business and Technical Educational
Council;
participated in the Roanoke Valley High School
Job Fair which was held at the Salem Civic
Center for graduating seniors attending Salem
High School, Glenvar High School, Lord
Botetourt High School, Patrick Henry High
School and William Fleming High School;
participated in community relations
discussions at local A.M.E. and Baptist
Churches tuvolving a cross section of the
citizens regarding a variety of City programs;
and
developed a Job-related testing program for
entry level deputy sheriff vacancies.
It was explained that City work force analysis
indicates the percentage of minority workers to the total
composition has increased .7 per cent; that further
analysis indicates that in most Job categories, using
1990 census data, the City continues to maintain a total
work force composition for non-Caucasian minorities equal
to or higher than the percentage of available work force
in the Roanoke Metropolitan Statistical Area; that fiscal
year 1991-92 hiring analysis of the City of Roanoke's
full time work force in all E.E.O. categories indicates
that 24 per cent of new hires were non-Caucasian
minorities and 38 per cent were females; and promotions
during fiscal year 1991-92 included 24 per cent
minorities and 21 per cent females.
80
ACTION:
In closing, Mr. Cronin noted that affirmative action
is an important tool to be used in nurturing and managing
the City's human resources, and as the City moves toward
the year 2000, it is intended to have a well-trained,
diverse work force which Is the leading affirmative
action employer in the Roanoke Valley.
(See report on file in the City Clerk's Office.)
The Reverend Charles T. Green, 1731 Hanover Avenue,
N. W., President, Roanoke Chapter, National Association
for the Advancement of Colored People, advised that the
organization is not pleased with advancements that have
been made in employment opportunities for minorities by
the City which, at best, have been slow. He called
attention to some improvements in the Police Department,
however, less khan ten per cent of the police force is
Afro-American, and inquired as to the number of Afro-
American women employed in the Police Department. He
stated that there are approximately 250 employees in the
Fire Department and less than ten per cent are black. He
called attention to a lack of recruitment of blacks
outside of the Roanoke Valley and suggested that the
practice be remedied in the future. He noted that there
are many other City departments where no blacks are
employed; that black employees are intimidated, they are
not given promotions, with the largest number of blacks
employed in the Maintenance Department, which indicates
that they are low paying positions. He explained that he
receives numerous complaints from employees who feel that
they are being intimidated by the "straw boss", and they
are afraid to speak out for fear of losing their Jobs.
He stated that from what he has seen and heard, the City
is almost to the point of eliminating blacks as much as
possible because for any small excuse, blacks are placed
on 90 days probation. He added that the City has a
double standard and that the white person can do the same
thing as the non-white person, but the non-white person
is punished while the white person goes unpunished. He
stated that it is not a good environment for people to
work under intimidation and threats, and this kind of
treatment must cease. He pointed out that the City has
an Afflrmat].ve Action Program in place, but the City's
program is not on the same level as the Federal
Government's Affirmative Action Program, and the practice
of promoting whites over qualified blacks must stop.
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. Fitzpatrick and
adopted.
81
ITEMS RECOMMENDED FOR ACTION=
BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY-GRANTS:
The City Manager submitted a written report advising that
for the past six years, Council has 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; and funds from all six
grant awards were appropriated 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 services.
It was further advised that fiscal year 1993
Emergency Shelter Grants Program appropriations were
significantly reduced nationally from 1992 levels,
resulting in a decrease in the City's share from
$41,000.00 to $28,000.00; that an Emergency Shelter
Grants Program grant allocation of $28,000.00 has been
awarded to the City of Roanoke by the U. S. Department of
Housing and Urban Development; that the funds, which are
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
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 cost beneficial use of
funds; and the Follow-Up Task Force on Homelessness will
review proposals and advise the City Manager on proposals
for recommendation to Council.
The City Manager recommended that he be authorized
to execute the necessary documents ~ccepting the fiscal
year 1993 Emergency Shelter Grants Program grant award;
and that $28,000.00 be appropriated for the Emergency
Shelter Grants 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. Fitzpatrick offered the following emergency
budget ordinance:
82
ACTION:
(#31381-032293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 413.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31381-032293. The motion was seconded by Mr. Musser and
adopted by the following vote=
AYES= Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers ............. 6.
NAYS: None 0.
(Council Member McCadden was absent.)
Mr. Fitzpatrick offered the following resolution:
(#31382-032293) A RESOLUTION accepting an offer of
certain Emergency Shelter Grants Program funds (ESGP)
made to the City by the United States Department of
Housing and Urban Development; and authorizing execution
of the aforesaid grant agreement and related documents,
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. 54,
page 414.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31382-032293. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES= Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None,
Oe
(Council Member McCadden was absent.)
BUDGET-POLICE DEPARTMENT-COMMONWEALTH'S ATTORNEY:
The City Manager submitted a written report advising that
Congress amended 21 USC. Sec. 881 el-4, October, 1986,
which authorized the transfer of certain federally
forfeited property to state and local law enforcement
agencies participating in the investigation and seizure
of certain property; that application for an equitable
share of property seized by local law enforcement must be
83
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 and local law; 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 enforcement; that the agency requesting the transfer
of property must agree to pay fees and expenses necessary
to effect the transfer; and Council at its regular
meeting on Monday, 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.
It was further advised that the Police Department
receives additional funds periodically from the Federal
Government's Asset Sharing Program; that action by
Council is necessary to accept additional funds to be
dispersed in accordance with provisions of the program;
that revenues collected through February 24, 1993, for
the grant are $677,950.83, which have been deposited in
Grant Account No. 035-035-1234-7060; that current revenue
is estimated at $584,741.00; that funding received in
excess of the estimated revenue, totalling $93,210.00,
needs to be appropriated at this time; and expenditures
from the grant through February 24, 1993 are $436,664.12.
The City Manager recommended that Council accept
additional funds, in the amount of $93,210.00, from the
U. S. Department of Justice, Forfeited Property Sharing
Program; authorize the Director of Finance to appropriate
$93,210.00 to a grant account entitled, Investigation~
and Rewards, Account No. 035-050-3300-2150; and increase
the revenue estimate by $93,210.00 in Account No. 035-
035-1234-7060.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31383-032293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 415.)
ACTION:
Mr. Musser moved the adoption of Ordinance No.
31383-032293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers ..... 6.
NAYS: None-- 0.
(Council Member McCadden was absent.)
BUDGET-SEWERS AND STORM DRAINS: The City Manager
submitted a written report advising that acceptance of a
bid submitted by S. C. Rossi & Company, Inc., for the
Oakland Boulevard sanitary sewer replacement was
authorized by Council on October 26, 1992; that
substantial completion of the work required under the
contract has been realized; and only final paving remains
to be completed which has been deferred until early
spring due to weather constraints.
It was explained that additional quantities of
paving materials in excess of those originally estimated
for the project are necessary; that the unusual depth of
the sewer line and soil conditions encountered during
excavation required a wider width than had been
anticipated in the original estimate of quantities which
provided safer working conditions for the contractor, and
City engineering personnel concurred in the need for the
selected method of construction; that the quantity of
aggregate needed increased from 41 tons to 93 tons, and
the bituminous material increased from 19 tons to 63
tons; and the increased quantities resulted in a
$5,960.00 increase in the total contract value based upon
contract unit prices.
It was explained that current funds are encumbered
in the amount of $29,500.00 for the contract; that the
original contract award provided for a $2,000.00
contingency fund, and approximately $1,000.00 of the
contingency is obligated for previously incurred
advertising expenses.
The City Manager recommended that he be authorized
to execute Change Order No. 1 to the contract with S. C.
Rossi & Company, Inc., for construction of Oakland
Boulevard sanitary sewer replacement, in the amount of
$5,960.00; and that $5,960.00 be appropriated from
Retained Earnings Unrestricted, Account No. 003-3336, to
193
BUDGET-PARKS AND RECREATION-RIVER pARKWAY/EXPLORE
PARK~ Dr. M. Rupert Cutler, Education Director, Virginia
Explore Park, advised that a fully developed Explore Park
will contribute to the profitability of the re-opened
Hotel Roanoke by giving the Hotel marketing staff a
Roanoke area destination attraction to help lure
conventions to the City. He suggested that Roanoke City
and Roanoke County swap a few thousand dollars in a
symbolic, but important gesture to acknowledge the inter-
dependence of the Hotel and Park projects.
Instead of requesting that the City of Roanoke
budget general funds for Explore Park's operating and
capital budgets, Dr. Cutler requested that Council
consider helping Explore Park indirectly in the next
fiscal year in the following ways:
provide the History Museum of Western Virginia
in Center In The Square with a grant of
$10,000.00 for an exhibit on Roanoke's history
and agricultural landmarks to be
installed in Explore's entrance
pavilion and education center to
motivate Explore's visitors to come
to downtown Roanoke;
provide the Harrison Museum of African-
American Culture with a $10,000.00 grant to
design and install an exhibit in the Mountain
Union Chapel after it is moved to Explore from
Botetourt County which will depict the
African-American experience in the Roanoke
Valley in the period 1750 to 1850;
provide the science Museum of Western Virginia
with a grant of $10,000.00 to enable the
Museum to transport school classes which visit
Center In The Square Museum to Explore Park on
the same day;
provide the Mill Mountain Zoo with a grant of
$10,000.00 to help defray the expense of
running the American Center For Rare and
Endangered Species at Explore Park, said funds
could be used either to develop an exhibit at
the Mill Mountain site (showing what the Zoo
staff is doing at Explore with the red wolf
captive breeding domestic minor breeds of faz~n
livestock and Chestnut tree re-introduction),
or help pay staff salaries of American Center
For Rare and Endangered Species;
85
ACTION:
ACTION:
Oakland Boulevard Sanitary Sewer Replacement, Account No.
003-056-8458, to provide for a new total contract amount,
including Change Order No. 1, of $35,460.00.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(931384-032293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Sewage Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 416.)
Mrs. Bowles moved the adoption of Ordinance No.
31384-032293. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers-- 6.
NAYS: None 0.
(Council Member McCadden was absent.)
Mrs. Bowles offered the following emergency
ordinance:
(#31385-032293) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 1 to the City's
contract with S. C. Rossi & Company, Inc., for
construction of the Oakland Boulevard Sanitary Sewer
Replacement; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 417.)
Mrs. Bowles moved the adoption of Ordinance No.
31385-032293. The motion was seconded byMr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None-- O.
(Council Member McCadden was absent.)
86
BUDGET-PARKS AND RECREATION-PUBLIC WORKS-CAPITAL
IMPROVEMENTS PROGRAM-EQUIPMENT-STREETS AND ALLEYS: The
City Manager submitted a written report advising that
Capital Maintenance and Equipment Replacement needs have
been identified for two City departments, and certain
equipment is necessary to continue to perform assigned
duties and responsibilities in the most efficient and
effective manner, therefore, bids were received on
February 4, 1993, for certain equipment to be used by
Street Maintenance and the Parks Department·
The City Manager recommended that Council accept the
following bids and reject all other bids received by the
City:
1. two new outfront mowers from
Virginia Turf and Irrigation, for a
total amount of $19,594.80;
one new self-propelled tow road
sweeper from Richmond Machinery and
Equipment, Inc., for a total amount
of $15,488.64;
ten new salt spreaders from MSC
Equipment, Inc., for a total amount
of $38,150.00;
three new vacuum leaf loaders from
Public Works Equipment, for a total
amount of $17,469.00; and
one new 4-wheel drive skid steer
loader from Baker Brothers, Inc.,
for a total amount of $14,539.00.
The City Manager further recommended that funding be
appropriated from the Capital Maintenance and Equipment
Replacement Program as follows:
$70,677.80 to Parks Maintenance Department,
Account No. 001-050-4340-2048;
$19,075.00 to Street Maintenance Department,
Account No. 001-052-4110-9010; and
$15,488.64 is available in Fleet Rental Fund,
Account No. 006-052-2641-9010.
(For full text, see report on file in the City Clerk's
Office.)
87
ACTION:
ACTION:
Mr. Harvey offered the following emergency budget
ordinance:
(#31386-032293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 418.)
Mr. Harvey moved the adoption of Ordinance No.
31386-032293. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers ..... - .......... 6.
NAYS: None --0.
(Council Member McCadden was absent.)
Mr. Harvey offered the following resolution:
(#31387-032293) A RESOLUTION accepting bids for
certain maintenance equipment and rejecting certain other
bids for such equipment.
(For full text of Resolution, see Resolution Book No. 54,
page 419.)
Mr. Harvey moved the adoption of Resolution No.
31387-032293. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers- 6.
NAYS: None
(Council Member McCadden was absent.)
BUDGET-GRANTS-YOUTH CORRECTIONAL FACILITIES: 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 Crisis Intervention Center (Sanctuary), Youth
Haven I, and Juvenile Detention Home; and USDA funds for
the fourth quarter of fiscal year 1992 and the first and
second quarters of fiscal year 1993 have been received by
the City of Roanoke for the facilities, as follows:
88
ACTION=
Crisis Intervention
Youth Haven I
Juvenile Detention Home
Total
$ 4,190.15
1,974.13
14t140.09
$20,304.37
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; whereupon, the City Manager recommended
appropriation of the funds, as follows:
Crisis Intervention Center - Revenue Account
No. 001-020-1234-0661, $4,190.15, to Account
No. 001-054-3360-3000;
Youth Haven I - Revenue Account No. 001-020-
1234-0662, $1,974.13, to Account No. 001-054-
3350-3000; and
Juvenile Detention Home - Revenue Account No.
001-020-1234-0660, $14,140.09, to Account No.
001-054-3320-3000.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#3~388-032293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 420.)
Mr. Musser moved the adoption of Ordinance No.
31388-032293. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers- 6.
NAYS: None, O.
(Council Member McCadden was absent.)
BUDGET-EMERGENCY MEDICAL SERVICES: The City Manager
submitted a written report with regard to an increase in
the Emergency Medical Services Revenue Estimate for
fiscal year 1992-93, advising that in July 1989, Council
89
authorized implementation of a third party billing
program, billing insurance companies only, for emergency
medical transports; that revenue generated from the
program for fiscal year 1989-90 was $215,569.00; that in
July 1990, Council authorized implementation of an
emergency medical user fee for all patients transported
to a medical facility, with patients being responsible
for the portion of the bill not covered by their
insurance; that revenue collected during fiscal year
1990-91 was $508,172.00; and during fiscal year 1991-92,
user fees generated $542,396.00 in revenue.
It was further advised that the user fee revenue
projection for fiscal year 1992-93 is in the amount of
$512,000.00; that collections to date for fiscal year
1992-93 are 2.6 per cent above fiscal year 1991-92 which
generated $542,000.00; that call volume increased three
per cent and the number of patients transported increased
five per cent during the first half of fiscal year 1992-
93; that the contract with Health East, Inc., for billing
and collection services for the current fiscal year is
$145,000.00; that inasmuch as the contract is based on
monthly fee plus per cent of net collections, the
contract cost is directly related to increased call
volume; that budget allocation for fiscal year 1992-93
for the billing and collection contract is $95,000.00;
that actual cost of the contract is $145,000.00; that
during the 1992-93 budget process, supplemental funding
to cover the increase was denied; and the funding
deficit, as well as costs associated with the increase in
net collections, resulted in an additional $50,000.00
needed to cover current contract cost.
It was explained that Health East, Inc., maintains
a collection rate of approximately 60 per cent of
accounts processed, which is a higher collection rate
than that of comparable systems; that emergency medical
billings and collections are complex due to unique coding
requirements and necessary interface with patient
records; that Medicare/Medicaid pays a pre-determined
percentage of the billable rate as opposed to the total
charge, which represents a significant portion of
uncollected accounts; and administrative staff is
review~ng the feasibility of bringing billing and
collection services in-house which may stabilize or
reduce billing costs, and it is anticipated that the
study will be completed during fiscal year 1993-94.
The City Manager recommended that the Acting
Director of Finance be authorized to increase the
emergency medical user fee revenue estimate from
90
ACTION=
$512,000.00 to $548,000.00; that the additional
$36,000.00 be appropriated to the Department of Emergency
Medical Services, Account No. 001-050-3521-2010 (Fees for
Profession Services), and that $14,000.00 be transferred
From Miscellaneous Refunds, Account No. 001-004-9140-2170
to the Department of Emergency Medical Services, Fees for
Professional Services, Account No. 001-050-3521-2010, for
a total increase of $50,000.00 to cover the cost of
billing and collection contractual service.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31389-032293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 421.)
Mr. White moved the adoption of Ordinance No. 31389-
032293. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers- 6.
NAYS: None 0.
(Council Member McCadden was absent.)
BUDGET-STREETS AND ALLEYS-PLANNING-STATE HIGHWAYS-
TRAFFIC-CONSULTANTS REPORTS-HOTEL ROANOKE CONFERENCE
CENTER-VIRGINIA TECH-COMPLAINTS: 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, N. W., and First
Street/Gainsboro Road from Madison Avenue, N. W., to
Salem Avenue, S. W., and the intersection of Orange
Avenue and Gainsboro Road; and redevelopment proposed for
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.
91
,!
It was further advised that on July 27, 1987,
Council authorized agreements with VDOT by which the City
assumed responsibility for administering all aspects of
the First Street/Gainsboro Road and Wells Avenue
projects; 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 VDOT for the
City's five per cent share of the contract.
It was explained that Downtown North Development
Plan results were released on May 11, 1989, 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; that on October 1, 1990, Council approved the
location and major design features of the widening and
realignment of Second Street/Gainsboro Road from Salem
Avenue to Orange Avenue; and total costs invoiced by
Mattern & Craig, Inc., for the project through January
30, 1993, include $1,374,547.47 for Second Street/
Gainsboro Road and $147,550.24 for Wells Avenue.
It was further explained that a supplemental
agreement to the contract with Mattern & Craig is needed
to address the following engineering services:
Additional survey and redesign efforts
required to develop plans for Wells Avenue
beginning at the intersection of proposed
Second Street/Gainsboro Road and generally
following the existing Wells Avenue alignment
to Wllliamson Road. The scope of services
includes modifying the Second Street/Gainsboro
Road right-of-way and construction plans to
reflect the widening and realignment of Wells
Avenue. (The scope of services for Second
Street/Gainsboro Road also includes, at the
request of the Virginia Department of
Transportation (VDOT), a minor revision to its
design Just north of Salem Avenue to provide
for improved roadway curvature.)
The alignment change for Wells Avenue
necessitates (per VDOT) that an addendum be
prepared for the Environmental Assessment to
address environmental issues impacted by the
change.
92
ACTION:
Resident inspection and construction
administration consists of an additional seven
months for Second Street/Gainsboro Road and an
additional three months for Wells Avenue,
which allows for an 18 month construction
period for Second Street/Galnsboro Road and a
nine month construction schedule for Wells
Avenue.
The City Manager recommended that Council authorize
execution of Amendment No. 8 to the City's contract with
Mattern & Craig, Inc., Consulting Engineers, for
additional engJ~eering services for "Widening and
Realignment of Second Street/Gatnsboro Road and Wells
Avenue", to provide an increase of $764,440.?8, subject
to VDOT approval, for a total amount not to exceed
$2,45?,757.30; and appropriate $802,662.82 to Account No.
008-052-9547-9007; of which $38,222.04 is to be
transferred from the Streets and Bridges category of
1992A Bond Series, and $?64,440.78 to be reimbursed by
the Virginia Department of Transportation.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31390-032293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 422.)
Mr. Harvey moved the adoption of Ordinance No.
31390-032293. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Council Member McCaddea was absent.)
Mr. Fitzpatrick offered the following resolution:
93
ACTION=
(#31391-032293) A RESOLUTION authorizing an
Amendment to the City's engineering services contract
with Mattern & Craig, Inc., Consulting Engineers, to
provide for additional engineering services related to
Wells Avenue alignment and certainVDOT requirements for
widening and realignment of Second Street/Gainsboro Road.
(For full text of Resolution, see Resolution Book No. 54,
page 423.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31391-032293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Council Member McCadden was absent.)
BUDGET-BONDS/BOND ISSUES-BRIDGES-HOUSING/AUTHORITY-
HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The City
Manager requested that action on the report be tabled
until following the Executive Session.
(See page 105.)
STATE HIGHWAYS-INDUSTRIES-ECONOMIC DEVELOPMENT: The
City Manager submitted a written report with regard to an
application with the Virginia Department of
Transportation for industrial access road funds, advising
that the City owns approximately 28 acres of land which
is the last large undeveloped tract in Phase I of the
development of the Roanoke Centre for Industry and
Technology (RCIT) and Transkrit Corporation, a leading
manufacturer of specialty business forms and labels,
which will employ 150 - 175 persons, has that announced
that it will relocate corporate headquarters from
Brewster, New York, to Roanoke and will invest $8 million
to construct a 95,000 square foot office/ manufacturing
facility on a subdivided 18-acre tract (Site 6A) in the
Roanoke Centre for Industry and Technology.
It was explained that access to the site via a new
roadway is needed and could be constructed using an
estimated $450,000.00 in industrial access road funds;
that further extension of the new roadway beyond the
limits normally considered acceptable for industrial
access by the Virginia Department of Transportation would
also provide access to Site 6B and give the City a "ready
to go" ten acre site to market for economic development
ACTION'
purposes; that depending upon cost estimates being
prepared by Mattern & Craig, a portion of the access
funds may need to be bonded by the City; and items not
eligible for reimbursement by the State, including right-
of-way acquisition and utility adjustments, would be
funded from proceeds from the sale of land and capital
fund interest.
The City Manager recommended that he be authorized
to file an application with the Virginia Department of
Transportation for Industrial Access Road funds up to
$450,000.00 for roadway extension to Transkrit
Corporation; that funding, in the amount of $450,000.00,
would be State funds, with $150,000.00 in local matching
funds required; and that the Commonwealth Transportation
Board be assured that the City will, if such project is
approved, provide adequate right-of-way, provide for
adjustment of any utilities affected by construction and
provide future maintenance of the roadway through other
funding sources.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency
ordinance:
(#31392-032293) AN ORDINANCE authorizing the City
Manager to file an application with the Virginia
Department of Transportation for up to $450,000.00 in
Industrial Access Road Funds to provide industrial access
by construction of a new roadway to serve a new industry
in the City; setting out the need therefore; making
provision for furnishing the necessary rights-of-way
therefore and for the adjustment of utilities; assuring
that the City will maintain said new roadway; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 424.)
Mr. Musser moved the adoption of Ordinance No.
31392-032293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None, O.
(Council Member McCadden was absent.)
95
EMERGENCY SERVICES-SNOW REMOVAL-LEGISLATION: The
City Manager submitted a written report advising that
when the National Weather Service began issuing severe
winter storm warnings - "blizzard conditions" for
Virginia and most of the eastern seaboard on March 11,
1993, preparations for emergency operations began; that
on March 12, 1993, at 6:00 p.m., Governor L. Douglas
Wilder, proactively declared a state of emergency in
order to pre-position state resources to assist
localities; that on Narch 12, 1993, snow removal began
and by early the next morning, other emergency operations
were initiated; that an emergency shelter was opened for
persons without electricity and emergency wor~ers were
transported to duty assignments; that the National Guard
was activated and assigned to assist with the City's
emergency operations; and on March 13, 1993, at 9:00
p.m., the City Manager, as Director of Emergency
Services, declared a local emergency for the City of
Roanoke due to the financial burden associated with snow
removal operations.
It was explained that the cost of emergency
operations is expected to exceed $250,000.00, due
primarily to the cost of overtime and chemicals for snow
removal operations; and the Governor's Office has
requested the President to declare a major emergency for
the State of Virginia, thereby activating Federal
financial assistance.
The City Manager recommended that Council adopt a
resolution declaring that a local emergency existed in
the City of Roanoke for the period March 13, until
midnight on March 15, 1993, as a result of severe
weather; that the Acting Director of Finance be
authorized to serve as the City's fiscal agent to accept
any forthcoming State and Federal reimbursement; and that
Diane S. Akers, Budget Administrator, be designated as
the City's agent to sign and submit all appropriate
financial information regarding State and Federal
reimbursements for the local emergency.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31393-032293) A RESOLUTION declaring a local
emergency during a specified period of time; authorizing
emergency powers to the City Manager as Director of
Emergency Services; authorizing the City Manager to make
application for Federal and State public aid and
ACTION:
assistance to deal with such emergency; designating a
fiscal agent and an agent for submission of financial
information for the City; and calling upon the Federal
and State governments for assistance.
(For full text of Resolution, see Resolution Book No. 54,
page 426.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31393-032293. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None
-0.
(Council Member McCadden was absent.)
The City Manager presented an oral briefing with
regard to snow removal efforts by the City as a result of
the March 1993 blizzard in which 100 employees spent
approximately 6,000 hours working to address situations
related to the blizzard. He added that snow removal
efforts started at 9~00 p.m. on Friday evening, March 12,
and continued throughout Thursday, March 18, and City
crews addressed primarystreets first, followed by Valley
Metro routes and then residential streets. He explained
that snow removal on the north side of the City was
addressed by crews from the Street and Traffic
Department, and work on the south side of the City was
addressed by crews from Grounds Maintenance, and from the
storm, over 100 employees worked on Just snow removal
which meant that employees had to be called on from
various departments in Public Works to assist.
Mr. Herbert stated that the storm was quite a
challenge in many respects; that typically, the City is
well prepared to address six to eight inches of snow;
that the March blizzard dumped not only 18 inches of snow
on the City, but also had strong winds that blew snow
back over streets necessitating almost continuous work on
the main streets for the first two days. He explained
that the other cha~.lenge was the way i~ which the snow
came; that first there was rain, then freezing rain, then
wet heavy snow which froze on top, and while generally
City crews could clear the snow, they had greater
difficulty in many areas addressing the frozen snow and
ice underneath. He ~tated that there were questions from
citizens about trucks travelling down streets with their
snow blades up, advising that on many frozen, snow packed
97
roads, steel tipped blades would bounce off the ice; that
oftentimes the trucks would make one pass down an icy
snow packed street with the blade down and then make an
additional pass with the blade up while putting chemicals
on the snow packed street, and once the sun came out and
temperatures warmed to where chemicals could work,
significant progress was made. He advised that there
were trouble areas which tended to be on shady, snow
packed streets; that there are over 1,000 lane miles in
the City, with hundreds of cars travelling on them even
in the worst of conditions; that there are tree lined
streets not only in neighborhoods but also on primary
roads, however, when it comes to snow removal, tree lined
streets prevent the sun from coming through and helping
to melt the snow; and the downtown area presented the
challenge of not only clearing streets, but finding
places to put the snow and 369 dump truck loads were
loaded and carried out of downtown by City crews and
deposited in the swimming pool parking lot at Fallon
Park.
Mr. Herbert advised that efforts were not Just in
regard to snow removal; that the City called in extra
dispatchers to handle the increased number of emergency
calls; that City crews shuttled snow removal employees
from their homes to work; that Emergency Services staff
worked with the 4 x 4 Club to bring in dialysis patients
for treatment; that an emergency shelter was set up by
the Red Cross at the Roanoke Civic Center and City staff
met with the press and gave announcements on the cable
system relative to the blizzard.
In summary, the City Manager advised that in snow
removal alone, 5,349 hours were dedicated to the effort;
that 60 trees were down and blocking streets which had to
be immediately addressed; that with the deep, heavy snow,
City crews had to spend time helping fire trucks, police
cars and other equipment that got stuck due to weather
conditions; and every telephone in the Public Works
dispatch center was lit up for nearly three days as
citizens called in with questions.
The City Manager advised that from citizens, the
City received both praise and complaints; that the most
common complaint regarded snow plows putting snow across
driveways when they cleared the streets; that
unfortunately, there is no way to adequately clear the
streets without this occurring; that there were
complaints from residents who live on tree lined streets
where the ice was difficult to address and there was
praise from many who understood the impact and wanted to
98
ACTION:
thank City employees for their efforts. He noted that
over the next few months, City crews will be cleaning
streets to remove salt and chemicals; that hundreds of
trees will be removed and repaired in City parks and
rights-of-way that had fallen or had limbs to break off;
that equipment will be repaired; and there will be an
evaluation as to what, if anything, can be done to
improve snow removal efforts in the future. He commended
those City employees who were involved in the effort,
advising that they left their families for nearly a week
in order to address the needs of the public; that manning
a police shift, a fire shift, a water or sewer shift, or
a snow removal shift was never missed; that in some cases
employees were willing to bring in sleeping bags and
sleep at work before heading back to the Job which is the
story that often times goes untold and unrecognized, and
together City employees worked as a team in order to meet
the challenges to help make the City's streets safe and
to meet the needs of the citizens during the blizzard of
1993.
ACTING DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Acting Director of
Finance submitted the financial report for the City of
Roanoke for the month of February, 1993.
(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. White
and adopted.
BUDGET-SCHOOLS: The Acting Director of Finance and
the City Manager submitted a Joint written report with
regard to changes in the accounting fund structure,
recommending two beneficial accounting changes which the
Department of Finance, the City Manager, and the School
Administration propose to implement in the development of
the Annual Budget for Fiscal Year 1993-94, which will
establish a new "School Fund" and divide the Internal
Service Fund into five separate funds for City
Information Systems, Fleet Management, Management
Services, Materials Control and Utility Line Services.
99
ACTION=
In connection with the School Fund, it was explained
that the proposed change will move all the revenue and
expenditures for education, including school grants, from
the General Fund to a separate School Fund; and school
capital projects, such as elementary school renovations,
will continue to be accounted for on a project by project
basis in the Capital Projects Fund.
With regard to that the City's Internal Service Fund
composed of five departments which provide services to
other City departments, it was explained that these funds
are currently accounted for as one fund; that for
external financial reporting, they are divided into five
separate funds at the end of the year as required by the
State Auditor of Public Accounts; and the proposed change
is to account for each fund separately on the City's
accounting records.
The Acting Director of Finance and the City Manager
recommended that Council concur in the establishment of
the new funds when the annual budget ordinances are
adopted in May 1993, with an effective date of July 1,
1993.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved
recommendation. The
Fitzpatrick and adopted.
that Council concur in the
motion was seconded by Mr.
BILLINGS ANDCOLLECTIONS-CITYEMPLOYEES-TAXES: The
Acting Director of Finance submitted a written report
advising that the City has two positions in the Office of
Billings and Collections classified as "Tax Compliance
Administrator" which monitor compliance, collection and
enforcement of the Prepared Food Tax, Admissions Tax,
Transient Occupancy Tax, E-911 Telephone Tax, Utility
Tax, Franchise agreements and Bingo/Raffle permits; that
these responsibilities, except the Prepared Food Tax,
were transferred from the Commissioner of Revenue to the
Director of Finance on July 1, 1992; and both positions
require significant work in the field as part of the
duties and responsibilities, with weekend work often
being required.
100
ACTION~
It was explained that the Commissioner of Revenue
has an authorized position classified as "Tax Compliance
Auditor" that currently receives an annual salary
supplement of $1,300.00; and the position is comparable
to the position tn Billings and Collections from the view
point of internal employee equity.
The Acting Director of Finance recommended that an
annual salary supplement be established for use of a
private motor vehicle for City business purposes, tn the
amount of $1,300.00, effective April 1, 1993, for the
"Tax Compliance Administrator" positions.
(For full text, see report on file In the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinance:
(931394-032293) AN ORDINANCE establishing an annual
salary increment for automobile use for a certain Job
classification In the City's service, to be effective on
April 1, 1993; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 427.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31394-032293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(council Member McCadden was absent.)
REPORTS OF CO~9~ITTEES:
FIRE DEPARTMENT-PARKS AND RECREATION-DISABLED
PERSONS-GRANTS: Council Member William White, Sr.,
Chairperson of a committee appointed by the Mayor to
tabulate bids received for runovations to the Southeast
Action Forum (Old Fire Station No. 6) and Villa Heights
Recreation Center buildings to assist in compliance with
requirementB for persons with disabilities, presented a
written report on behalf of the co~mittee, recommending
that Council award a lump sum contract to R.B.S. Building
Management, in the amount of $12,590.00, and 60
consecutive days to complete the work; and establish a
101
ACTION:
contingency, in the amount of $1,310.00, for a total
amount of $13,900.00, advising that funding is available
from Community Development Block Grants, as follows:
Southeast Action Forum, Account No. 035-092-
9237-5162, in the amount of $10,000.00; and
Villa Heights Recreation Center, Account No.
035-092-9237-5161, in the amount of $3,900.00.
It was further recommended that all other bids
received by the City be rejected.
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:
(#31395-032293) A RESOLUTION accepting the bid of
R.B.S. Building Management, for renovations to Southeast
Action Forum and Villa Heights Recreation Center
buildings to assist in compliance with requirements for
persons with disabilities, 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. 54,
page 428.)
Mr. White moved the adoption of Resolution No.
31395-032293. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Council Member McCadden was absent.)
COMMITTEES-LEGISLATION-HOUSING/AUTHORITY-TOTAL
ACTION AGAINST POVERTY-S.W. VA. COMMUNITY DEVELOPMENT
FUND-GRANTS-FDETC-YOUTH-ECONOMIC DEVELOPMENT: Vice-Mayor
Beverly T. Fitzpatrick, Jr., Co-Chairperson of the
Legislative Affairs Committee, presented a written report
on behalf of the committee, advising that in November
102
1992, Council requested the City Manager to discuss with
the Legislative Affairs Committee how the City might
benefit from President Bill Clinton's Economic Stimulus
Program; that Team Roanoke was established on
December 23, 1992, bringing together representatives of
various City departments, Total Action Against Poverty,
Southwest Virginia Community Development Fund, and the
Roanoke Redevelopment and Housing Authority, to identify
the types of projects the City would be able to have
ready within three months, six months and 12 months; that
the United States Conference of Mayors submitted a
request to Mayor Bowers on January 28, 1993, requesting
a list of infrastructure projects which could be ready to
commence within 90 days and be completed by the end of
1993; and Team Roanoke presented a full report to the
Legislative Affairs Committee on Friday, March 12, 1993.
It was explained that an urgent Supplemental
Appropriations Bill, which conforms to President
Clinton's economic stimulus package of $16.4 billion in
emergency spending this year, has been passed by the
House Appropriations Committee; that on March 17, 1993,
the full House began debates on a budget resolution which
establishes the long-term investment initiatives
contained in the President's program; that on March 18,
1993, the full House began considering the Supplemental
Appropriations Bill which includes funding for
transportation projects, Community Development Block
Grant (CDBG) programs and Summer Youth Employment; that
$1,337,000.00 represents the increased level of CDBG
funding that the City stands to gain if the bill is
passed; that current needs are in excess of $2.8 million;
that $9,950,000.00 is the maximum amount of funding
needed for projects identified by the City that can be
obligated in 120 days, with some portion of the projects
completed by the end of 1994; and funding is currently
available for only four per cent of eligible participants
in the Summer Youth Employment Program provided through
the Fifth District Employment and Training Consortium.
The Legislative Affairs Committee recommended that
Council endorse a resolution in support of the House
Appropriations Committee's Supplemental Appropriations
Bill, which includes funds for transportation projects,
Community Development Block Grant Programs and Summer
103
ACTION:
ACTION=
Youth Employment; and that Council direct the City
Manager to provide copies of the resolution to all
Virginia Senators and Members of Congress, as well as the
National League of Cities and the United States
Conference of Mayors and others as deemed necessary.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31396-032293) A RESOLUTION supporting a
supplemental appropriations bill pending in the United
States House of Representatives which conforms to the
President's economic stimulus package of $16.4 billion in
emergency spending this year.
(For full text of Resolution, see Resolution Book No. 54,
page 429.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31396-032293. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers ---6.
NAYS: None 0.
(Council Member McCadden was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ACTS OF ACKNOWLEDGEMENT-PUBLIC WORKS-CITY EMPLOYEES-
SNOW REMOVAL: Mr. Fitzpatrick offered the following
resolution:
(#31397-032293) A RESOLUTION expressing
appreciation of City Council to City employees for their
efforts in dealing with the blizzard of 1993.
(For full text of Resolution, see Resolution Book No. 54,
page 430.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31397-032293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
104
ACTION:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Council Member McCadden was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
COUNCIL-MUNICIPALBUILDING: Vice-Mayor Fitzpatrick
requested that the matter of certain enhancements to the
Council Chamber be referred to the City Manager and the
City Clerk for report and recommendation to Council.
COUNCIL: Mr. Musser advised that he recently had
the opportunity to attend a concert at Hollins College
that featured local talent, which called attention to the
amount of hidden talent that exists in the Roanoke
Valley. He stressed the importance of supporting local
talent.
OTHER HEARINGS OF CITIZENS:
COMPLAINTS-STREETS AND ALLEYS: Helen E. Davis, 35
Patton Avenue, N. E., appeared before Council and
expressed concern that Patton Avenue was closed to
traffic on Saturday, March 20, without explanation to
residents of the area.
The Mayor requested that Ms. Davis' concern be
referred to the City Manager for response.
At 4:25 p.m., the Mayor declared the meeting in
recess.
At 5:55 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. 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
105
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, Bowles and Mayor Bowers 6.
NAYS: None
(Council Member McCadden was absent.)
BUDGET-BONDS/BOND ISSUES-BRIDGES-HOUSING/AUTHORITY-
HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The City
Manager submitted a written report advising that
financing for the Hotel Roanoke and Conference Center
project was announced on February 2, 1993; that Joint
operating of the Hotel Roanoke and Conference Center is
essential because of shared facilities; that design/build
on a private project like the Hotel Roanoke is desirable
which allows for design to proceed and certain portions
of the construction to continue; and design and bid is
nacessary on the Conference Center inasmuch as State
Procurement Law requires that the Conference Center have
a full set of construction drawings and that bidding
occur on the set of drawings before construction starts,
therefore, in order for the Conference Center to open
simultaneously with the Hotel Roanoke, design on the
Conference Center must proceed quickly.
It was further advised that Conference Center
capital costs of $12.8 million are to be funded by the
City of Roanoke; that land is to be purchased by the
Roanoke Redevelopment and Housing Authority from the
Virginia Tech Real Estate Foundation with $3 million of
funds appropriated to the Housing Authority by the City;
that the Hotel Roanoke Conference Center Commission
Agreement dated April 13, 1992, between the City, VPI &
SU, and the Hotel Roanoke Conference Center Commission
needs to be amended in order to reflect the latest
arrangement; and the capital budget for the Hotel Roanoke
Conference Center Commission must be approved by Council
and the Virginia Tech Board of Visitors.
The City Manager recommended that Council authorize
the following actions in support of the Hotel
Roanoke/Conference Center project:
106
Authorize the City Manager to enter Into an
amended Hotel Roanoke Conference Center
Commission (HRCCC) agreement which major
changes include:
a. City paying $12.8 million capital
cost of the Conference Center,
b. Conference Center
approximately 90,000 square
and
being
feet,
c. City having the right to approve the
plans for the Conference Center
Approve a resolution in support of proposed
Hotel Roanoke Conference Center Commission
capital budget which begins March 1993, and
runs through construction completion of $12.8
million.
Appropriate $12.8 million of anticipated bond
proceeds to the Hotel Roanoke Conference
Center Commission capital account to be
established by the Acting Director of Finance.
Transfer $2 million from Account No. 008-052-
9649 (originally established to construct the
pedestrian bridge) to a new Capital Projects
Fund account to be established by the Acting
Director of Finance for the purchase of land
by the Housing Authority.
Appropriate $1 million from the $13.8 million
in anticipated bond proceeds to the same land
account.
Appropriate $600,000.00 approved in the Fiscal
Year 1992-93 General Fund budget to the
Capital Projects Fund, Account No. 008-002-
9653, entitled "Conference Center
Improvements".
Transfer $198,596.00 from the existing Capital
Projects Fund accounts to Account No. 008-002-
9653, entitled "Conference Center
Improvements..:
107
Account Number and Name
Punount
Downtown Project (Pedestrian Bridge)
Account No. 008-052-9649 $156,952.00
ACTION:
Tower Streetscape
Account No. 008-052-9672
Total
41~644.00
$198,596.00
Funds will be used to pay for the City's share of
the pedestrian bridge, inspecting architect, future Hotel
Roanoke Conference Center Commission operating budgets,
minority and small business recruitment plans and other
expenses relative to the Conference Center and
surrounding projects.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31398-032293) A RESOLUTION authorizing execution
of an amended agreement between the City of Roanoke,
Virginia Polytechnic Institute and State University and
the Hotel Roanoke Conference Center Commission providing
for the financial contribution and other terms and
conditions of participation of the parties in the Hotel
Roanoke Conference Center Commission.
(For full text of Resolution, see Resolution Book No. 54,
page 431.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31398-032293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None- - ........ 0.
(Council Member McCadden was absent.)
Mr. Fitzpatrick offered the following resolution:
108
(#31399-032293) A RESOLUTION approving the annual
capital budget of the Hotel Roanoke Conference Center
Commission for fiscal year 1993-1994, upon certain terms
and conditions.
(For full text of Resolution, see Resolution Book No. 54,
page 432.)
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No.
31399-032293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Memb, ers Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers-- 6.
NAYS: None 0.
(Council Member McCadden was absent.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31400-032293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Projects and
Hotel Roanoke Conference Center Funds Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 432.)
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
31400-032293. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None .... 0.
(Council Member McCadden was absent.)
There being no further business, the Mayor declared the
meeting adjourned at 6:00 p.m.
APPROVED
ATTEST:~/
City Clerk
Mayor
109
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
April 5, 1993
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, April 5,
1993, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedur9, Code of the City of Roanoke (1979), as
amended.
PRESENT:
Noward E. Musser,
David A. Bowers
Council Members James G. Harvey, II,
Beverly T. Fitzpatrick, Jr., and Mayor
4.
ABSENT: Council Members Elizabeth T. Bowles, Dglvis O.
McCadden and William White, Sr. 3.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Rltchie, Sr., Assistant City Manager; Wtlburn C. Dibling, Jr., City
Attorney; James D. Grisso, Acting Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Bruce A.
Noffstnger, Pastor, Hollins Road Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
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.
BUDGET-ZONING-TAXES-SPECIAL PERMITS: A
communication from Mayor David A. Bowers recommending
Council's consideration with regard to ending the
agricultural land use tax exemption in the City of
Roanoke, advising that Roanoke's boundaries are locked in
by the State Annexation Moratorium, and the City is
unable to expand its area; that Council has had a policy
110
ACTION:
ACTION:
over recent years of aggressively seeking and encouraging
inner city development; and in order to thrive, it is
necessary for the City to continue to adapt current
policies and programs to encourage population growth and
economic development within the City's boundaries, was
before the body.
The Mayor requested that the matter be referred to
1993-94 budget study. He advised that Council should
consider repealing the agricultural land use exemption;
however, should Council determine that such action might
be too harsh this year, a decision should be made to do
so effective July 1, 1994, so that present owners of land
under the land use exemption will have more than one year
in which to make plans to develop their property within
the City of Roanoke.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the matter be referred to
1993-94 budget study for consideration by Council. The
motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Harvey, Musser, Fitzpatrick
and Mayor Bowers 4.
NAYS: None 0.
(Council Members Bowles, McCadden and White were absent.)
PENDING LIST: A list of items pending from July I0,
1978, through March 22, 1993, 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.
Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, Fitzpatrick
and Mayor Bowers 4.
NAYS: None-
(Council Members Bowles, McCadden and White were absent.)
,!
REGULAR AGENDA
111
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TAXES-DISABLED PERSONS: Mr. Edmond A. Dumas, 1920
Deyerle Road, S. W., requested that Council increase the
combined total income of any elderly or disabled property
owner claiming real property tax exempt status from
$22,000.00 to $30,000.00 annually.
Without objection by Council, the Mayor advised that
the remarks of Mr. Damus would be received and filed and
referred to 1993-94 budget study for consideration by
Council.
GRANTS-PLANNING-NATIONSBANK: Mr. Lewis M. Nelson,
Jr., Consumer Bank District Manager, NationsBank,
presented a report on 1992 activities of NationsBank
through the Community Investment HMDA Lending results, as
well as the status of the Bank's $10 billion commitment
goal. Ne advised that in 1992, the first full year of
the $10 billion effort, NationsBank made $2 billion in
community development loans; that of that total, Virginia
made $260,491,000.00 and Roanoke made $8,847,000.00; and
loan originations in Roanoke to all minorities are up by
34 per cent compared to 1990. He stated that loans are
made where demand is greatest, therefore, results in
Roanoke depend on opportunities that are found in the
area; and in order to find such opportunities,
NationsBank analyzes lending performance by census tract
to identify neighborhoods that need more attention
through advertisements and questionnaires in banking
centers and surveys of community leaders. Ne commented
that NationsBank was informed that the biggest need in
the community is education, therefore, the bank conducts
seminars in every market it serves; that during 1992,
NationsBank in Roanoke conducted four community
homebuyers classes in which 374 people graduated; and the
Bank is currently working with Total Action Against
Poverty Housing Corporation, the Consumer Credit
Counseling Service and other banks to conduct monthly
homebuyer education programs. Ne added that other
activities include conducting a Community Education and
Loan Day at High Street Baptist Church which will provide
an opportunity for consumers to discuss the kinds of
services offered by NationsBank, how to open a checking
account, how to apply for a loan, how to understand a
112
ACTION=
credit report, and representatlven will perform these
services on site. Ho explained that this year tho Bank
will offer programs in banking basics for individuals and
by the end of the year, a program will bo introduced to
provide technical assistance to small business managers.
He advised that the partnership with tho TAP Housing
Corporation has provided funding to rehabilitate five
houses, and called attention to a partnership with the
Galnsboro Neighborhood Development Corporation for
financing the construction of three townhouses that will
house ten families. In conclusion, he pointed out that
another progress report will be submitted to Council in
1994.
Without objection by Council, the Mayor advised that
the remarks of Mr. Nelson would be received and filed and
made a part of the official record.
PETITIONS AND COMMUNICATIONS:
LEGISLATION: A communication from Benjamin O.
Tayloe, President, National Association for a Balanced
Federal System, requesting adoption of a measure in
support of the Article V Proposal of the Council of State
Governments to restore the ability of the State to
initiate amendments without fear of a "runaway"
convention, and without having to wait on the pleasure of
Congress, was before Council.
It was explained that the proposal does not
substitute for the convention method now provided in the
Constitution, but will provide an alternative method for
the states to choose. It was noted that the organization
is seeking resolutions from cities and counties in
Virginia because it is important to demonstrate to
Congress that there is widespread support across the
state for the proposal.
Mr. Musser moved that the matter be referred to the
City Attorney for clarification. The motion was seconded
by Mr. Fitzpatrick and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
113
ITEMS RECO~ENDED FOR ACTION:
COMMITTEES-MENTAL HEALTH SERVICES-BLUE RIDGE
COMMUNITY SERVICES: The City Manager submitted a written
report advising that the By-laws of Mental Health
Services of the Roanoke Valley were revised by the Board
of Directors at its meeting on February 4, 1993; that the
revised By-laws reflect the current standards set by the
State Department of Mental Health, Mental Retardation and
Substance Abuse Services; and the revised By-laws change
the name of Mental Health Services of the Roanoke Valley
to Blue Ridge Community Services.
It was explained that the change in By-laws is
subject to approval of the participating governing
bodies, as required by regulations promulgated under
Title 37.1, Chapter 10, of the Code of Virginia (1950),
as amended; and the Board of Directors of Mental Health
Services of the Roanoke Valley is requesting that Council
ratify the following changes to the By-laws:
1. change the name to Blue Ridge
Community Services;
change the responsibility of
monitoring and evaluating of
programs from the Executive
Committee to the Board;
change the Nominating Committee from
a Standing Committee to an Ad Hoc
Committee; and
ensure that financial records are
audited annually and submitted to
proper political jurisdictions.
The City Manager recommended that Council ratify the
abovedescribed changes.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
114
ACTION=
ACTION=
ACT~ONt
ACTION=
(#31401-040593) A RESOLUTION ratifying amendments
to the By-laws of Mental Health Services of the Roanoke
Valley to change the name from Mental Health Services of
the Roanoke Valley to Blue Ridge Community Services and
to reflect the current standards set by the State
Department of Mental Health, Mental Retardation and
Substance Abuse Services.
(For full text of Resolution, see Resolution Book No. 54,
page 451.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31401-040593. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, Fitzpatrick
and Mayor Bowers ..... 4.
NAYS: None 0.
(Council Members Bowles, McCadden and White were absent.)
PROCUREMENT CODE: The City Manager having submitted
a written report with regard to procurement of
professional services, Mr. Musser moved that action on
the report be deferred until the next regular meeting of
Council on Monday, April 12, 1993. The motion was
seconded by Mr. Fitzpatrick and adopted.
TRAFFIC-STATE HIGHWAYS-PLANNING-HOTEL ROANOKE
CONFERENCE CENTER-VIRGINIA TECH-CONSULTANTS REPORTS-
STREETS AND ALLEYS: The City Manager having submitted a
written report with regard to an amendment to the
agreement with the Virginia Department of Transportation
(VDOT) for administration of the Wells Avenue Project,
Mr. Musser moved that action on the report be deferred
until the next regular meeting of Council on Monday,
April 12, 1993. The motion was seconded by Mr.
Fitzpatrick and adopted.
BUILDINGS\BUILDING DEPARTMENT-PARKSANDRECREATION-
PUBLIC WORKS-CAPITAL IMPROVEMENTS PROGRAM-EQUIPMENT-
STREETS AND ALLEYS: The City Manager having submitted a
written report with regard to purchase of trucks and
related equipment, Mr. Fitzpatrick moved that action on
the report be deferred until the next regular meeting of
Council on Monday, April 12, 1993. The motion was
seconded by Mr. Harvey and adopted.
115
CITY ATTORNEY:
PURCI~$E/SALE OF PROPERTY-TAXES-BILLINGS AND
COLLECTIONS-DELINQUENT TAXES: The City Attorney
submitted a written report with regard to the sale of
properties for delinquent taxes, advising that within the
City there exists certain real property on which taxes
and assessments are delinquent, and despite vigorous
collection efforts, taxpayers have refused to pay the
debts; 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 thereon; and real estate taxes on the following
properties are delinquent three or more years:
Assessed Legal Property Delinquent
Owner(s). Description Address Taxes
Stonehenge
North, Inc.
(5070307)
Eva Roberson
(1030310)
Lot 7, Div. of
property of
Roy Carter
Lot 10, Blk. 9,
Exchange, Bldg.
& Investment
3444 Clara Ave.,
S.W.
(Owner occupied)
1414 Fifth St.,
S.W.
(Vacant house)
$ 11,225.59
1,460.15
Eva Roberson
(1030316)
Lot 15, Blk. 9,
Exchange, Bldg.
& Investment
421 Woods Ave.,
S.W. (Owner's
son occupying)
2,048.81
Eva Roberson
(1120309)
Lot 8, Blk. 4,
Lewis
Marshall Ave.,
S.W. (Vacant lot)
852.61
Eva Roberson
(1120310)
Lot 9, Blk. 4,
Lewis
522 Marshall
Ave., S.W.
(Vacant house)
$ 725.22
Eva Roberson
(1120324)
LOt 21, Blk. 4,
Lewis
521 Day Ave.,
S.W.
(Vacant house)
2,554.04
Phlllip Pitts
(1011204)
Pt. Lot 4 & Pt.
Lot 5, Blk. 10,
Official Survey
Campbell Ave.,
S.W.
(Vacant lot)
4,114.93
It was explained that payment arrangements were
attempted, but were unsuccessful; and Section 58.1-3954,
Code of Virginia (1950), as amended, requires that any
116
ACTION~
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.
The City Attorney recommended that he be authorized
to institute suit to collect delinquent real estate taxes
and assessments by Judicial sale with respect to the
abovedescribed properties, which recon~nendation is
concurred in by the Acting Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31402-040593) 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. 54,
page 452.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31402-040593. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, Musser, Fitzpatrick
and Mayor Bowers .......... 4.
NAYS: None 0.
(Council Members Bowles, McCadden and White were absent.)
REPORTS OF COMMITTEES:
BUDgET-REFUSE COLLECTION-ROANOKE VALLEY RESOURCE
AUTHORITY: Kit B. Kiser, Roanoke City's representative
to the Roanoke Valley Resource Authority, submitted a
written report recommending approval of the Authorit¥'s
proposed fiscal year 1993-94 annual budget, in accordance
with Section 5.9 of the October 23, 1991, Member Use
Agreement.
It was explained that the Roanoke Valley Resource
Authority approved its 1993-94 annual operating budget on
March 18, 1993, totalling $7,611,800.00 which is funded
through projected tipping fees and funds from the Roanoke
117
ACTION:
Valley Solid Waste Management Board; that projected
tlpping fees for municipal waste will be $50.00/ton and
$55.00/ton for private waste; that all charter members
will receive a $20.00/ton credit against the proposed
rate that will allow members to maintain a $30.00/ton
rate throughout the 1993-94 fiscal year; and the credit
will be funded through use of surplus funds available
from current landfill operation.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31403-040593) A RESOLUTION approving the annual
operating budget of the Roanoke Valley Resource Authority
for fiscal year 1993-94, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 54,
page 453.)
Mr. Harvey moved the adoption of Resolution No.
31403-040593. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, Fitzpatrick
and Mayor Bowers 4.
NAYS: None
(Council Members Bowles, McCadden and White were absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
BONDS/BOND ISSUES-TAXES-CITY JAIL-CAPITAL
IMPROVEMENTS PROGRAM-HOTEL ROANOKE CONFERENCE CENTER-
YOUTH CORRECTIONAL FACILITIES: Ordinance No. 31375-
040593 authorizing issuance of $20,100,000.00 principal
amount of General Obligation Bonds of the City of
Roanoke, Virginia, for the purpose of providing funds to
defray the cost of various public improvement projects 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
118
ACTION:
issuance and sale of a like principal amount of General
Obligation Public Improvement Bond anticipation Notes in
anticipation of issuance and sale of such bonds, having
previously been before the Council for its first reading
on Monday, March 22, 1993, 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:
(#31375-040593) AN ORDINANCE authorizing issuance
of twenty million one hundred thousand dollars
($20,100,000.00) principal amount of General Obligation
Bonds of the City of Roanoke, Virginia, for the purpose
of providing funds to defray the cost of various public
improvement projects 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
issuance and sale of such bonds.
(For full text of Ordinance, see Ordinance Book No. 54,
page 435.)
Mr. Harvey moved the adoption of Ordinance No.
31375-040593. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, Fitzpatrick
and Mayor Bowers 4.
NAYS: None' 0.
(Council Members Bowles, McCadden and White were absent.)
CITY CODE-TAXES: Ordinance No. 31377-040593
amending and reordaining Section 32-190, Levied; amount,
Code of the City of Roanoke (1979), as amended, to
provide for an increase in the cigarette tax rate from
$.007 per cigarette to $.0085 per cigarette, effective
July 1, 1993, having previously been before the Council
for its first reading on Monday, March 22, 1993, 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:
119
ACTION=
(#31377-040593) AN ORDIN~_NCE amending and
reordaining Section 32-190, Levied; amount, Code of the
City of Roanoke (1979), as amended, to provide for an
increase in the cigarette tax rate from $.007 per
cigarette to $.0085 per cigarette; and providing for an
effective date of July 1, 1993.
(For full text of Ordinance, see Ordinance Book No. 54,
page 445.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31377-040593. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, Fitzpatrick
and Mayor Bowers 4.
NAYS: None. 0.
(Council Members Bowles, McCadden and White were absent.)
TRAFFIC-CITY CODE-TAXES: Ordinance No. 31378-040593
amending and reordaining S20-28, Tax imposed, Code of the
City of Roanoke (1979), as amended, to provide that the
current annual license tax on each passenger vehicle or
motor home weighing 4,000 pounds or less be increased
from $15.00 to $20.00; that the minimum annual license
tax for certain motor vehicles with a passenger seating
capacity of more than ten adults, certain school buses,
certain trailers or semitrailers designed for human
occupancy, certain taxicabs and other motor vehicles for
hire, certain church buses, and certain vehicles used not
for profit in transporting persons, who as a part of a
common undertaking, agree to bear all or part of the
costs of operation or used by a lessee renting such
vehicle under written lease for 12 months or longer, be
increased from $15.00 to $20.00; that the annual license
tax on motor vehicles not designed for transportation of
passengers and having a gross weight of 4,000 pounds or
less be increased from $15.00 to $20.00; and that the
annual license tax on pickup and panel trucks weighing
4,000 pounds or less be increased from $15.00 to $20.00,
effective April 15, 1994, having previously been before
the Council for its first reading on Monday, March 22,
1993, 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:
120
ACTION:
(%31378-040593) AN ORDINANCE amending and
reordaining S20-28, Tax imposed, Code of the City of
Roanoke (1979), as amended, to provide that the current
annual license tax on each passenger vehicle or motor
home weighing four thousand (4000) pounds or less be
increased from fifteen dollars ($15.00) to twenty dollars
($20.00); that the minimum annual license tax for certain
motor vehicles with a passenger seating capacity of more
than ten (10) adults, certain school buses, certain
trailers or semitrailers designed for human occupancy,
certain taxicabs and other motor vehicles for hire,
certain church buses, and certain vehicles used not for
profit in transporting persons who as a part of a common
undertaking agree to bear all or part of the costs of
operation or used by a lessee renting such vehicle under
written lease for twelve months or longer, be increased
from fifteen dollars ($15.00) to twenty dollars ($20.00);
that the annual license tax on motor vehicles not
designed for transportation of passengers and having a
gross weight of 4,000 pounds or less be increased from
fifteen dollars ($15.00) to twenty dollars ($20.00); and
hat the annual license tax on pickup and panel trucks
weighing 4,000 pounds or less be increased from fifteen
dollars ($15.00) to twenty dollars ($20.00); and
providing for an effective date of April 15, 1994.
(For full text of Ordinance, see Ordinance Book No. 54,
page 446.)
Mr. Musser moved the adoption of Ordinance No.
31378-040593. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, Musser, Fitzpatrick
and Mayor Bowers--- 4.
NAYS: None'
Oe
(Council Members Bowles, McCadden and White were absent.)
TRAFFIC-CITY CODE-TAXES-LICENSES: Ordinance No.
31379-040593 amending and reordaining Section 20-34,
Same - Transfer, and Section 20-35, Same - Replacement
when lost, Code of the City of Roanoke (1979), as
amended, to provide for an increase in the fee for
transfer or replacement of the annual motor vehicle
license from $1.00 to $2.00, effective July 1, 1994,
having previously been before the Council for its first
121
ACTION:
reading on Monday, March 22, 1993, 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:
(#31379-040593) AN ORDINANCE amending and
reordaining Section 20-34, Same - Transfer, and Section
20-35, Same - Replacement when los~, Code of the City of
Roanoke (1979), as amended, to provide for an increase in
the fee for transfer or replacement of the annual motor
vehicle license from one dollar ($1.00) to two dollars
($2.00); and providing for an effective date of July 1,
1994.
(For full text of Ordinance, see Ordinance Book No. 54,
page 450.)
Mr. Harvey moved the adoption of Ordinance No.
31379-040593. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, Fitzpatrick
and Mayor Bowers --4.
NAYS: None ........ 0.
(Council Members Bowles, McCadden and White were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS: None.
There being no further business, the Mayor declared the
meeting adjourned at 2:45 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
122
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
April 12, 1993
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, April 12,
1993, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members
Howard E. Musser, William White, Sr.,
Beverly T. Fitzpatrick, Jr., James G.
David A. Bowers .....
Delvis O. McCadden,
Elizabeth T. Bowles,
Harvey, II, and Mayor
7.
ABSENT: None.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; William X Parsons, Assistant
City Attorney; Steven J. Talevi, Assistant City Attorney; James D.
Grisso, Acting Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend James P.
Beatty, Pastor, Bethel A.M.E. Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Boy Scout Troop No. 2, Raleigh Court
Presbyterian Church.
SCHOOLS: The Mayor advised that on July 1, 1993,
there will be two vacancies on the Roanoke City School
Board, for terms of three years, each, ending June 30,
1996. 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, the matter was before the body.
The Mayor further advised that as of March 10, 1993,
at 5:00 p.m., which was the deadline for receipt of
applications, the following persons had applied for the
two upcoming vacancies:
123
ACTION=
Paul E. Corn
Charles W. Day
H. Joel Kelly
Finn D. Plncus
Patricia W. Wltten
Mr. Musser moved that the abovenamed applicants be
accorded the formal interview on Thursday, April 29,
1993, at 6:00 p.m. The motion was seconded by Mr. Harvey
and unanimously 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, April 12, 1993, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
Berglund Chevrolet, Inc., that a 50 foot portion of
Maddock Avenue, N. W., lying between Official Tax Nos.
3080817 and 3080906, be permanently vacated, discontinued
and closed, the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
March 26, 1993, and Friday, April 2, 1993.
(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 permanently vacate the subject 50 foot section of
Maddock Avenue, N. W., subject to the following
conditions, was before the body.
A. The applicant shall submit to the City for its
review and approval, a subdivision plat, and
shall record an approved plat with the Clerk
of the Circuit Court, said plat providing for
the following:
combination of the land within the
right-of-way vacated by' previously
adopted Ordinance No. 31334-012693,
and the 50 foot section of right-of-
way as currently requested for
closure with the applicant's
124
abutting property, or as provided
for by law, and dedication of an
area sufficient to provide a public
turnaround, cul-de-sac; and
retention of all easements for
utilities existing within the right-
of-way vacated by Ordinance No.
31334-012693 and the 50 foot section
of right-of way currently requested
for closure.
B. The applicant shall inst~ll and maintain a
landscape buffer of non-deciduous trees set on
ten foot centers at a minimum height of six
feet along the eastern and southern boundaries
of properties bearing Official Tax Nos.
3080807 and 3080817, along the southern
boundary of Lot 45 in Official Tax No.
3080806, the eastern boundary of the proposed
cul-de-sac, along the eastern and southern
boundaries of Official Tax No. 3080905, thence
along the southern boundaries of Official Tax
Nos. 3080904 and 3080903, and finally along
the eastern boundary of Official Tax No.
3080913 to the right-of-way line of Thurston
Avenue, N. W.; that in the event that any or
all of the residences currently situated
within the C-2 Commercial Zoning District on
existing Official Tax Nos. 3080903, 3080904
and 3080905 are removed by Berglund Chevrolet
in the future, the above and applicable
landscaping buffer shall be relocated by the
applicant to an appropriate point along the
southerly boundary of the street right-of-way
and adjacent to any remaining residence(s) or
the existing RM-1 boundary, whichever is
applicable or appropriate to the need, and as
approved by the Agent to the Planning
Commission.
125
,!
C. The applicant shall construct within the
aforementioned dedicated right-of-way a paved
cul-de-sac with curb and gutter, in a manner
that will preclude any circular portion of
such cul-de-sac being located in front of 120
Maddock Avenue, N. W., Official Tax No.
3080816, where said parcel abuts the northerly
side of Maddock Avenue.
D. The applicant shall submit to the City for its
review a preliminary plan describing thereon
the future plans of Berglund Chevrolet for
expansion, including all plans to rezone
additional land or to close any additional
street portion in or adjacent to Blocks C and
D, as shown on the City's Official Appraisal
Map Sheet No. 308, and that the applicant
shall, in conjunction with the current request
for street closure, submit to the City for its
review and approval, a comprehensive plan of
development providing thereon for the manner
in which the current proposed cul-de-sac will
be constructed, the manner in which the
landscape buffer will be installed and the
manner in which the proposed expansion of
Berglund Chevrolet operations will be laid out
and constructed, all of which shall be
consistent with the requirements of the City's
Subdivision and Zoning Ordinances.
E. The applicant agrees that if the above-cited
conditions have not been met within a period
of 24 months from the date of adoption of any
ordinance providing for the subject street
closure, said ordinance shall become null and
void with no further action by Council being
necessary.
F. The applicant shall not use the remaining
section of Maddock Avenue, N. W., as situated
between Blocks C and D as shown on the City's
Official Appraisal Map Sheet No. 308 for
access to and from its commercial operation so
long as the remain~ng street section is being
used for residential purposes.
(For full text, see report on file in the City Clerk's
Office.)
126
ACTION:
ACTION=
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31404) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
ill the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 462.)
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 street closure. There being none, Ordinance No.
31404 was adopted, on its first reading, by the following
vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Bowers 7.
NAYS: None 0.
ZONING-TAXES-NEIGHBORHOOD ORGANIZATIONS-SPECIAL
PERMITS: The City Clerk having advertised a public
hearing for Monday, April 12, 1993, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the
request of the Williamson Road Area Business Association
for establishment of a Special Service District in the
Williamson Road area, the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Thursday,
March 18, 1993, Thursday, March 25, 1993, and Thursday,
April 1, 1993.
(See publisher's affidavit 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 review and
negotiation of an agreement between the City of Roanoke
and the Williamson Road Area Business Association, said
report to be submitted to Council within a period of one
month. The motion was seconded by Mr. McCadden.
127
The Mayor inquired if there were persons present who
would like to address Council with regard to the matter;
whereupon, Mr. Linwood Locklear, 5104 Pin Oak Drive,
N. W., advised that during the 1980's, the Williamson
Road Area Business Association, the Wllliamson Road
Action Forum, and City Council accomplished a great deal
along the corridor of Williamson Road such as the park at
Williamson Road and Orange Avenue, the location of PPG to
the former Moore's Building and renovation thereof, the
purchase of the Lee Theatre, the renovation of Oakland
Elementary School, the beautification of Breckinridge
Middle School, the park at Williamson Road and
Hershberger Road, the renovation and development of the
Wllliamson Road Plaza Shopping Center, and the demise of
the massage parlors. He explained that the City has
provided funds in the past and various types of
fundraising activities have been conducted, but it is
known that financial assistance is needed. He added that
employment of an Executive Director is necessary to
coordinate and implement programs, therefore, he
requested Council's support of the Special Service
District.
Mr. Charles E. Overstreet, 2707 Titleist Drive,
Salem, Virginia, President, Wllliamson Road Area Business
Association, spoke in support of the establishment of a
Special Service District in the Wtlliamson Road area. He
read a resolution adopted by Downtown Roanoke, Inc.,
supporting and encouraging the efforts of property owners
and business owners on Williamson Road whose collective
desire is to provide additional services and promotion
for the commercial area through the establishment of a
Special Service District.
Mr. Edward S. Allen, 3411 Frontier Road, N. W., read
a resolution adopted by the Williamson Road Action Forum
in support of the proposed Special Service District.
No other persons wishing to address Council, the
motion offered by Mrs. Bowles, seconded by Mr. McCadden,
was unanimously 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 two requests for Executive Sessions
128
ACTION:
ACTION:
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council; and for
the purpose of discussion and consideration of a special
award to be made by City Council to a deserving citizen.
MINUTES: Minutes of the Joint meeting of Council
and the Roanoke City School Board held on Monday,
January 4, 1993; and the regular meetings of Council held
on Monday, January 4, 1993, Monday, January 11, 1993, and
Monday, January 25, 1993, 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 Mrs.
Bowles and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Bowers .... 7.
NAYS: None. 0.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
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
appointedbyCouncil, 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:
129
ACTION:
ACTION~
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Bowers 7.
NAYS: None, -0.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session for the
purpose of discussion and consideration of a special
award to be made by City Council to a deserving citizen,
pursuant to Section 2.1-344 (A)(10), 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 Mayor to convene in Executive Session for
the purpose of discussion and consideration of a special
award to be made by City Council to a deserving citizen,
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 McCadden, Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Bowers ........... 7.
NAYS: None 0.
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A
report of qualification of Keith A. Johnson as a member
of the Roanoke Neighborhood Partnership Steering
Committee, for a term ending November 8, 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 Mrs. Bowles and adopted by the following
vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Bowers ...... 7.
NAYS: None 0.
130
ACTION:
HOUSING/AUTHORITY-PLANNING: A report of the City
Manager requesting that Council schedule a public hearing
to consider proposed amendments to the Gainsboro
Redevelopment Plan on Monday, April 26, 1993, at 2:00
p.m., or as soon thereafter as the matter may be heard,
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. The motion was seconded by
Mrs. Bowles and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Bowers ...... 7.
NAYS: None.
®
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC 5~TTERS: None
PETITIONS ANDCOMMUNICATIONS: None
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
TRAFFIC-FIRE DEPARTMENT-POLICE DEPARTMENT-CITY CODE:
Pursuant to the request of the City Manager, the Director
of Public Safety presented a briefing with regard to fire
lane parking violations, advising that on June 26, 1981,
Council adopted Ordinance No. 25646 creating a penalty
for persons parking in a fire lane; and enforcement
actions were concentrated in the following areas where
fire lane parking violations had the potential to create
public safety hazards:
on public streets
shopping malls
on private streets
hospitals
nursing homes and homes for the aged
schools
public buildings
131
private parking lots with provision to park
50 or more vehicles
Mr. Snead further advised that fire lane parking
violations continue to be a public safety concern,
averaging approximately 1,000 ticketed violations per
year; that the actual number of violations is not known
due to limited enforcement by Fire Department staff; that
the current fine is not serving as a deterrent; and
continued violations of the ordinance create serious
public safety concerns, i.e. access to sprinkler
connections, standpipe connections, obstruction at
entrance preventing fire attack and creating evacuation
problems.
Mr. Snead pointed out that Roanoke City Fire
Marshals currently enforce violations as time allows;
that members of the Police Department can also enforce
fire lane ordinances; that enforcement of violations
generates approximately $10,000.00 a year in fees based
on the current penalty for fire lane violations of
$10.00; that the penalty for illegally parking in areas
other than fire lanes is $5.00; that the handicap parking
violation penalty is currently set at $50.00 which has
served as a deterrent to potential handicap parking
violators; and because of the importance of unobstructed
fire lanes, the fire lane penalty should also serve as a
deterrent for individuals using fire lanes as available
parking space.
In conclusion, Mr. Snead explained that the current
$10.00 fine is not a significant deterrent to random
parking in fire lanes; that cost of additional personnel
for enhanced enforcement is prohibitive, therefore,
increasing the fine from $10.00 to between $35.00 and
$50.00 will improve public safety concern involving
violations and reduce the potential number of violations
without the need for additional staff; and public
education involving public service announcements will
begin once Council has formally acted on the matter,
along with installation of enhanced signage indicating
the new fine at fire lane locations in the public right-
of-way.
(See report on file in the City Clerk's Office.)
132
ACTION:
Mr. Fitzpatrick moved that the City Attorney be
requested to prepare the proper measure imposing a $50.00
fine for fire lane parking violations. The motion was
seconded by Mr. McCadden and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
CITY CODE-PUBLIC WORKS-CONSULTANTS REPORTS-
PROCUREMENT CODE: The City Manager submitted a written
report advising that professional services as defined
under the City Code include work performed by an
independent contractor within the scope of the practice
of accounting or auditing, appraising, architecture,
court reporting, dentistry, finance, fine arts, insurance
consulting services, land surveying, landscape
architecture, law, management consulting services,
medicine, optometry, planning, professional engineering
or similar services; and professional services are
procured under the provisions of Chapter 23.1 of the
Roanoke City Code which is modeled after the Virginia
Public Procurement Act.
It was further advised that the City Code requires
that professional services be acquired by competitive
negotiation, which necessitates that a written request
for proposal be published, and that City staff engage in
individual discussions with all offerors deemed qualified
to provide the requested services; that offerors are then
ranked by qualifications and negotiations are initiated
with the top rated offeror; that in the event an
acceptable agreement cannot be reached %~lth the top rated
offeror, negotiations are conducted with the firm rated
second and so on until an acceptable agreement is
reached; and guidelines for procurement of professional
services most often follow the process currently used by
the City but recommend that the public body develop a
short list of offerors to be interviewed, usually three
or four depending upon scope of the specific project; and
the Virginia Public Procurement Act does not require that
all offerors be interviewed.
133
ACTION:
The City Manager recommended that the City Code be
amended to permit "short listing" of three or more
offerors of professional services to be interviewed by a
selection committee where at least three responses are
received, based upon the judgement of the selection
committee.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency
ordinance:
(#31405-041293) AN ORDINANCE to amend and reordain
subsection (b)(3) of Section 23.1-4.1, Requirement of
competitive neqotiation of the Code of the City of
Roanoke (1979), as amended, to provide that the City
shall conduct individual discussions with at least three
(3) qualified offerors when using competitive negotiation
in selecting contractors; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 454.)
Mr. Harvey moved the adoption of Ordinance No.
31405-041293. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Bowers .... 7.
NAYS: None 0.
TRAFFIC-STATE HIGHWAYS-PLANNING-HOTEL ROANOKE
CONFERENCE CENTER-VIRGINIA TECH-CONSULTANTS REPORTS-
STREETS ANDALLEYS: The City Manager submitted a written
report with regard to an amendment to the agreement with
the Virginia Department of Transportation (VDOT) for
administration of the Wells Avenue project by the City of
Roanoke, advising that.' on April 13, 1987, Council
requested VDOT to program projects for roadway widening
and realignment to include:
Wells Avenue, N. W., from Williamson Road to
First Street, N. W.; and
134
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 proposed
for 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 an agreement with VDOT by which the City
assumed responsibility for administering all aspects of
the First Street/Gainsboro Road and Wells Avenue
projects; that the preliminaryengineering phase would be
generally handled on the normal 95 per cent VDOT and
5 per cent City cost-sharing basis (cost-sharing
percentages in effect at that time); that First Street
alignment eventually shifted to Second Street; and on
December 16, 1992, Council approved the location of the
realignment of Wells Avenue, N. W., from Williamson Road
to Second Street, N. W.
The City Manager explained that the Wells Avenue
project schedule needs to be accelerated in an effort to
have the new roadway substantially complete by the time
the Hotel Roanoke Conference Center project is ready to
open in late 1994 or early 1995, which includes
conducting preliminary engineering and right-of-way
acquisition processes simultaneously; that VDOT is able
to conduct right-of-way acquisition faster than the City
of Roanoke due to a simpler in-house environmental site
assessment (ESA) process; that the City imposes upon
itself a Phase I ESA process performed by consultants for
every parcel of land it purchases, which often leads to
additional time-consuming evaluation in a Phase II ESA
process; that the Agreement between the City and VDOT for
Wells Avenue needs to be amended to allow VDOT to handle
the right-of-way and construction phases of the Wells
Avenue Project in order to meet the stringent time
schedule; and the preliminary engineering phase would
continue to be administered by the City with its
consultant, Mattern & Craig, Inc., Consulting Engineers.
The City Manager recommended that Council authorize
amendment to the Agreement between the City and VDOT for
the Wells Avenue project, whereby VDOT would become
responsible for right-of-way and construction phases;
that ~DOT be requested to acquire all rights-of-way
135
ACTION=
necessary for the project conveying 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 acquisition of such rights-of-way.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(#31406-041293) AN ORDINANCE authorizing the
amendment of the August 20, 1987 agreement with the
Virginia Department of Transportation relating to the
Wells Avenue, Project U000-128-117, 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
utility agreements in conjunction with such project; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 455.)
Mrs. Bowles moved the adoption of Ordinance No.
31406-041293. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Bowers 7.
NAYS: None.
BUILDINGS/BUILDING DEPARTMENT-PARKSANDRECREATION-
PUBLIC WORKS-CAPITAL IMPROVEMENTS PROGRAM-EQUIPMENT-
STREETS ANDALLEYS: The City Manager submitted a written
report advising that Capital Maintenance and Equipment
Replacement needs have been identified for various City
departments, and certain trucks and related equipment are
necessary to continue to perform assigned duties and
responsibilities in the most efficient and effective
manner, therefore, bids were received on February 11,
1993, for vehicles to be used by various City
departments.
136
The City Manager recommended that Council accept the
following bids and reject all other bids received by the
City:
one new truck cab/chassis for 20 ton
dump from Magic City Motor
Corporation, for a total amount of
$49,355.00;
one new 20 ton rated dump body to be
mounted on Item #1 from Truck Body
Corporation, for a total amount of
$6,118.57;
one new cab/chassis for
flusher from Fulton Trucks,
total amount of $66,826.00;
street
for a
one new street flusher body to be
mounted on Item #3 from Richmond
Machinery& Equipment Co., Inc., for
a total amount of $27,940.00; and
ACTION:
5. three new utility bodies to be
mounted on existing cab/chassis from
Truck Body Corporation, for a total
amount of $6,975.00.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(~31407-041293) A RESOLUTION accepting bids for
certain maintenance equipment and rejecting certain other
bids for such equipment.
(For full text of Resolution, see Resolution Book No. 54,
page 456.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31407-041293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
137
A~TIOH:
AYES: Council Members McCadden, Musser,
Bowles, Fitzpatrick, and Harvey
NAYS: None.
(Mayor Bowers abstained from voting.)
White,
-0.
EMERGENCY SERVICES-EMERGENCY MEDICAL SERVICES-
EQUIPMENT: The City Manager submitted a written report
advising that the Emergency Medical Services Advisory
Committee recommended replacement of one ambulance
annually; that increased demand for emergency medical
services results in higher mileage and maintenance cost;
and equipment reliability is essential to maintain
service deliverystandards, therefore, bids were received
on March 18, 1993, for one new ambulance to be used by
the Emergency Services Department.
The City Manager recommended that Council accept the
bid of Southern Ambulance Builders for one new ambulance,
for a total amount of $38,750.00, and reject all other
bids received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(~31408-041293) A RESOLUTION accepting a bid made
to the City for furnishing and delivering one new
ambulance; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 54,
page 458.)
Mr. Harvey moved the adoption of Resolution No.
31408-041293. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Bowers ............ 7.
,NAYS: None
BUDGET-FDETC-GRANTS: The City Manager submitted a
written report advising that the Governor's Employment
and Training Department (GETD) has reallocated Title II-B
funds to the Fifth District Employment and Training
138
ACTION:
Consortium (FDETC) which will provide training and
support for the Summer Youth Employment Program; that the
GETD has reallocated Title III funds to the Consortium
which will provide retraining, as well as support
services, for approximately 20 dislocated workers in the
Fifth Planning District; that the Virginia Employment
Commission (VEC) has allocated additional Title III 40
per cent funding to the Consortium which will provide
retraining and support services for approximately 35
workers laid off from Gardner Denver and the Covington
Leggett Department Store; and the City of Roanoke is the
grant recipient for Consortium funding; and Council must
appropriate funding for all grants received by the
Consortium.
It was further advised that the GETD has sent the
Consortium Notice of Award No. 93-03-07, in the amount of
$50,000.00, in Title II-B reallocated funds from Program
Year 1991; that FDETC received Notice of Award No. E-04
from the GETD, in the amount of $30,000.00, in Title III
reallocated funds from Program Year 1992; and the
Consortium received notification of an increase in Title
III 40 per cent funds, in the amount of $25,000.00, from
the Virginia Employment Commission.
The City Manager recommended that Council
appropriate Fifth District Employment and Training
Consortium funding for Title II-B, III, and III-40 per
cent, reallocated funding totalling $105,000.00 and
increase the revenue estimateby $105,000.00, in accounts
to be established by the Acting Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31409-041293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 458.)
Mr. Musser moved the adoption of Ordinance No.
31409-041293. The motion was seconded byMrs. Bowles and
adopted by the following vote:
139
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Bowers ...... 7.
NAYS: None 0.
BUDGET-POLICE DEPARTMENT-COMMONWEALTH'S ATTORNEY:
The City Manager submitted a written report advising that
Congress amended 21 USC. Sec. 881 el-4, October, 1986,
which authorized the transfer of certain federally
forfeited property to state and local law enforcement
agencies participating in the investigation and seizure
of certain 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 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 and local law.
It was further advised that the Police Department
receives additional funds periodically from the Federal
Government's Asset Sharing Program; that action by
Council is necessary to accept additional funds to be
dispersed in accordance with provisions of the program;
that revenues collected through March 22, 1993, for the
grant are $704,366.61 which have been deposited in Grant
Account No. 035-035-1234-7060; that current revenue is
estimated at $677,951.00; that funding received in excess
of the estimated revenue, totalling $26,416.00, needs to
be appropriated at this time; and expenditures from the
grant through March 22, 1993 are $443,669.10.
The City Manager recommended that Council accept
additional funds, in the amount of $26,416.00, from the
U. S. Department of Justice, Forfeited Property Sharing
Program; and that the Acting Director of Finance be
authorized to appropriate $26,416.00 to a grant account
entitled, Investigations and Rewards, Account No. 035-
050-3300-2150, and increase the revenue estimate by
$26,416.00 in Account No. 035-035-1234-7060.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
.!
140
ACTION:
(#31410-041293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 459.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31410-041293. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Bowers- --7.
NAYS: None -0.
CONSULTANTS REPORTS-WATER RESOURCES: The City
Manager submitted a written report advising that on
August 26, 1991, Council approved an engineering services
contract for the Carvins Cove Filter Plant Improvements
Phase I with Mattern & Craig, Inc., and Alvord, Burdick
& Howson as Mattern & Craig's consultants, in the total
amount of $1,969,400.00 and 180 consecutive calendar days
for completion ef the work; that on February 22, 1993,
Council approved Change Order No. 1 to the contract for
design work required to comply with 1993 Soil Erosion
Control regulations, plus other work to comply with the
County of Roanoke's requirements before a building permit
could be issued; and additional design fee for the work
was approved by Council on February 22, 1993, in the
amount of $14,764.89, for a total fee to date of
$1,984,164.89.
It was further advised that Council has been
informed on several occasions in the past of the real
threat of an invasion of the zebra mussel; that it is
important that the Zebra Mussel Control Facility be
designed and priced as soon as possible which will permit
the installation of the chemical feed lines to parallel
the new raw water line from the filter plant to the
intake structure at the face of the dam; that this will
be the first facility of this type to be installed in the
Commonwealth of Virginia; and construction at this time
as a part of overall improvements should result in the
least possible construction cost.
141
,!
ACTION:
The City Manager recommended that he be authorized
to issue Change Order No. 2 to the engineering contract
with Mattern & Craig, Inc. (and their consultant Alvord,
Burdick & Howson), in the amount of $48,100.00, and 30
consecutive calendar days for completion for design and
contract administration of the Zebra Mussel Control
Facility.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31411-041293) A RESOLUTION approving the City
Manager's issuance of Change Order No. 2 to the City's
engineering contract with Mattern & Craig, Inc., for the
Design and Contract Administration of the Zebra Mussel
Control Facility.
(For full text of Resolution, see Resolution Book No. 54,
page 460.)
Mrs. Bowles moved the adoption of Resolution No.
31411-041293. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Bowers- --7.
NAYS: None
LANDMARKS/HIST. PRESERVATION-GRANTS-HOTEL ROANOKE
CONFERENCE CENTER-ARCHITECTURAL REVIEW BOARD-VIRGINIA
TECH: The City Manager submitted a written report with
regard to the Hotel Roanoke Conference Center project,
advising that Council authorized an application to the
United States Department of Housing and Urban Development
(HUD) for a Section 108 loan of $6 million toward
renovation of the Hotel Roanoke, pursuant to Resolution
No. 30671-082691; that Section 108 loan guarantee was
approved by HUD on September 30, 1991; that Federal
funds, like Conlmunity Development Block Grant funds,
trigger many Federal regulations in the course of
renovation of the Hotel; that one s~t of regulations
addresses preservation of historic properties; that
Section 106 of the National Historic Preservation Act of
.!
142
ACTION=
1966 requires that any project assisted with Federal
funds be reviewed by the State Historic Preservation
Office to determine the impact on historic properties;
and the purpose of Section 106 is to avoid necessary harm
to historic properties from Federal actions.
It was further advised that as a part of the State's
review of the impact of the renovation on the Hotel
Roanoke, a Memorandum of Agreement is required to address
historic preservation issues of Hotel renovation; that
such a Memorandum of Agreement has been negotiated and
agreement reached with the Virginia Tech Real Estate
Foundation, the Virginia Department of Historic
Resources, the National Advisory Council on Historic
Preservation and the City of Roanoke; and pursuant to
Federal regulations, the Memorandum of Agreement must be
executed prior to work commencing on the Hotel project.
The City Manager recommended that he be authorized
to execute a Memorandum of Agreement with the Virginia
Tech Real Estate Foundation, the Virginia Department of
Historic Resources and the National Advisory Council on
Historic Preservation relative to the loan of Federal
funds for Hotel Roanoke rehabilitation.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31412-041293) A RESOLUTION authorizing the City
Manager to execute a Memorandum of Agreement with
Virginia Tech Real Estate Foundation, the Virginia
Department of Historic Resources and the National
AdvisoryCouncil on Historic Preservation relating to the
Loan of Federal funds for the Hotel Roanoke
rehabilitation.
(For full text of Resolution, see Resolution Book No. 54,
page 461.)
Mr. Harvey moved the adoption of Resolution No.
31412-041293. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
143
ACTION:
AYES= Council Members McCadden, Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Bowers ........... 7.
NAYS: None.
HOTEL ROANOKE CONFERENCE CENTER: The City Manager
having previously placed a report on the agenda with
regard to the Hotel Roanoke Conference Center, he
requested that the report be withdrawn; whereupon, the
Mayor advised that without objection by Council, the
report would be withdrawn.
CITY ATTORNEY:
AIRPORT-STREETS AND ALLEYS: The City Attorney
submitted a written report in connection with questions
raised by Council on Monday, March 8, 1993, with regard
to street closures, in general, and with regard to the
request of James and Nancy Cross, In particular.
A large portion of the report pertained to street
closures in general; however, with regard to the specific
request of Mr. and Mrs. Cross, Mr. Dibling advised that
Barns Avenue extends in an easterly direction from Peters
Creek Road, N. W., and has been the subject of a long
history of actions by the State Transportation Commission
and City Council; that before being annexed by the City
as of January 1, 1976, Barns Avenue was part of the state
highway system and was known as Route 117; that on
May 19, 1966, the State Highway Commission discontinued
Route 117 for a distance of 528 feet from its
intersection with Peters Creek Road and erected
barricades to manifest its decision; and the effect of
the discontinuance was to release the Commonwealth from
its duty to maintain the 528 foot portion of Route 117 as
a roadway, although the Commonwealth retained title in
the property and the public had a right to use the right-
of-way in a manner consistent with its discontinued
status, i.e., the public could walk on it, but not drive
on it.
It was explained that when Route 117 was annexed
into the City it was renamed Barns Avenue; that at that
time, the public had a right to use the strip of property
owned by the Commonwealth; that despite the fact that
Barns Avenue was in the City, the Virginia Transportation
Commission "abandoned (divestment of State ownership and
the public's right to use) as a part of the State Highway
144
system" the same 528 foot portion of old Route 117 by
resolution dated November 16, 1989; that apparently
believing the right-of-way to be in Roanoke County, the
Virginia Transportation Commission gave notice of its
action to the Roanoke County Board of Supervisors; and tn
light of the fact that Route 117 was annexed by the City,
the City Attorney advised that he is of the opinion that
the Commission's action was ineffectual.
The City Attorney pointed out that Mr. and Mrs.
Cross have petitioned to close Barns Avenue for a
distance of 672 feet from its intersection with Peters
Creek Road; that applications to close Barns Avenue were
filed by Mr. and Mrs. Cross in 1983 and in 1989; that the
application filed tn 1983 to close the first 528 feet of
Barns Avenue was withdrawn after it was determined that
the Commonwealth of Virginia held fee simple title to the
area sought to be closed; that the application filed In
1989 included an additional 144 foot section of Barns
Avenue, for a total closure of 672 feet; that the request
was granted by Council on the condition that title vest
in the abutting property owners to the centerline; and
since the Commonwealth owned the area sought to be
closed, and not the City, the right-of-way closure did
not result in the vesting of the property to the abutting
landowners, and accordingly, Mr. and Mrs. Cross filed a
third petition for the closure of this 672 foot section
of Barns Avenue.
It was noted that tn preparing the plat, the
surveyor for Mr. and Mrs. Cross discovered that a portion
of a fence owned by the Airport Commission is tn the
right-of-way of Barns Avenue; and a survey performed at
the request of the Airport Commission on June 2, 1987,
did not refer to the fence.
Three versions of ordinances with regard to the
matter having been prepared by the City Attorney, Mr.
Dibltng advised that if it ts the Intend of Council to
protect the Airport Commissions' access, it is
recommended that Council adopt the measure that closes
all that portion of Barns Avenue request by Mr. and Mrs.
Cross, except a small triangular sliver, consisting of
175 square feet, which will allow for continued access by
the Airport Commission to Its gate.
(For full text see report and attachments on file in the
City Clerk's Office.)
145
ACTION:
Mrs. Bowles moved that the following ordinance
closing all that portion of Barns Avenue requested by Mr.
and Mrs. Cross, except a small triangular sliver,
consisting of 175 square feet, which will allow for
continued access by the Airport Commission to its gate,
be placed upon its first reading:
(#31413) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 465.)
The motion was seconded by Mr. McCadden.
Mr. James L. Cross, 3718 Stratford Park Drive,
S.W., petitioner, advised that there has been
considerable controversy regarding the petition for
closure. He referred to the City Attorney's report under
date of April 12, 1993, and quoted the following excerpt:
.. ............... although the Commonwealth
retained title in the property and the public
had a right to use the right-of-way in a
manner consistent with its discontinued
status, i.e., the public could walk on it, but
not drive on it."
He pointed out that the above statement also
includes the Roanoke Regional Airport Commission. He
called attention to existing utilities in the area,
provided by Appalachian Power Company and C & P Telephone
Company, which exist by virtue of right-of-way easements
that were purchased and recorded in the City's deed
books, however, there is no recorded right-of-way
easement for the Airport Commission. He added that
neither the City Building Inspector's Office or the
Virginia Department of Transportation have on file a
street opening permit for an access gate for the Airport
Commission on Peters Creek Road. He stated that Council
has been led to believe that if the entire parcel of land
is closed, access will be denied to the Airport which is
not the case, pointed out that the Airport Commission
could move its access gate approximately 30 feet west
where there is several hundred feet of common boundary
with VDOT property, and thus, there would be no problem
146
inasmuch as private property would not be closed and
public safety would be enhanced. He stated that he feels
strongly about property rights, and urged that Council
adopt the version of the ordinance prepared by the City
Attorney which will close the entire parcel of land with
no restrictions. He requested that his filing fee of
$100.00 be refunded in addition to advertising costs. He
stated that the roadway has not been barricaded,
therefore, considerable refuse, debris, etc., has
accumulated and asked that the City be responsible for
cleaning the area, as well as donating stop signs and
street closing signs.
Ordinance No. 31413 on its first reading was adopted
by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey and Mayor Bowers ---5.
NAYS: Council Members McCadden and Musser ........ 2.
CITY CODE-CITYCHARTER-ZONING-PLANNING-ARCHITECTURAL
REVIEW BOARD: The City Attorney submitted a written
report transmitting a final copy of Senate Bill 582,
advising that the Governor signed the City's Charter bill
on March 28, 1993; that the bill was amended on a number
of occasions during the General Assembly Session; and the
Charter amendments are as.follows: (1) authorize Council
to establish design overlay districts to encourage
compatible development in areas of the City identified on
an adopted comprehensive plan as having historic value or
unique architectural value and located within an area
designated on an adopted plan for conservation,
rehabilitation or redevelopment; and (2) authorize
Council to permit the Architectural Review Board to
delegate certain responsibilities to an agent.
It was explained that it will be necessary for the
amendments to the City Code to go through the process
required for zoning amendments; that Planning staff will
schedule the required hearings after details of the
recommendations have been finalized; and the Office of
City Attorney will prepare the required advertisements
and ordinances.
(For full text, see report on file in the City Clerk's
Office.)
147
Without objection by Council, the Mayor advised that
the report would be received and filed and made a part of
the official record.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS:
HOUSING/AUTHORITY-TOTAL ACTION AGAINST POVERTY-
COMPLAINTS-ROANOKE NEIGHBORHOOD PARTNERSHIP: Ms.
Evelyn D. Bethel, 35 Patton Avenue, N. W., read a letter
dated March 22, 1993, addressed to the City Manager,
requesting that he and his staff be specific and identify
those persons and organizations with whom he is
discussing issues that face the Gainsboro community and
the City of Roanoke. She explained that identification
is warranted to avoid confusion and to insure that not
only Gainsboro residents, but the public at-large, will
be promptly informed as to which individuals and which
organizations are involved. She requested that such
identification be included in any and all press releases,
etc., so that the news media will know which persons to
contact because it is believed that the news media will
cooperate with the City Manager's request that specific
names be disclosed rather than the use of general and
vague terms such as Gainsboro leaders, Coalition of
Concerned Gainsboro Neighborhood Groups, etc.
Ms. Bethel advised that on Sunday, April 11, 1993,
an article appeared In the Roanoke Times & World News
entitled, "Gainsboro Housing Survey Beginning," in which
it was stated that members of the Gainsboro Coalition and
students from Virginia Tech will go door-to-door in the
Gainsboro neighborhood to survey residents about housing
needs, which survey is intended to determine the number
of rental, vacant and owner-occupied houses, the age and
condition of the housing stock, housing plans of
residents, and the kinds of housing programs that would
148
be most effective. She pointed out that the article
stated that questions regarding the survey should be
directed to Martin Jeffrey with Total Action Against
Poverty, advising that she forwarded a letter to Mr.
Jeffrey inquiring as to which part of the Gainsboro
neighborhood is to be surveyed, when will the survey
start, by what authority was the survey mandated, how
will participants be notified of their scheduled
interview, how were surveyors selected, will each
participant be given an identical set of written
questions, will participants be given an opportunity to
review their answers for accuracy and provided with a
copy of the report, what is the purpose of the survey,
individuals constituting the Gainsboro Coalition Housing
Task Force should be identified as well as the specific
organization they represent, when, where and how was the
Gainsboro Coalition Housing Task Force members chosen,
and what procedure should participants follow to have
observers present during the interview. She requested
that the housing survey commence no sooner than two weeks
after receipt of Mr. Jeffrey's written response to her
questions.
On behalf of Gainsboro residents, Ms. Bethel advised
that she is appalled because of several reports by the
news media that the survey has already started. She
asked the following question: when will the City
government be respectful of the position of Gainsboro
residents, advising that most citizens would have been
informed personally, by mail or telephone, if a survey
was to be conducted in their part of the City, yet,
Gainsboro residents were not afforded that courtesy. On
behalf of Gainsboro residents, she requested that
organizations and individuals step forward and identify
themselves with the issues, advising that Gainsboro
residents receive no respect and asked that residents be
informed of what is going on in their neighborhood and
how it will affect them.
Mr. White expressed appreciation to Ms. Bethel for
her time and effort on behalf of Gainsboro. He stated
that the information she has requested is reasonable, and
he did not know why. the answers have not been
forthcoming. He encouraged Ms. Bethel to continue to
follow the project, as well as her interest in the
Gainsboro neighborhood and the City of Roanoke as a
whole.
149
ACTION=
Mr. McCadden expressed appreciation to Ms. Bethel
for bringing her concerns to Council, advising that he
hopes the communication situation will better itself in
the future. He stated that he is beginning to understand
more of her points, and even though they may not always
agree, he respects and understands her concern. He added
that the administration is sensitive to the climate of
Gainsboro, and he hopes that this situation, among
others, will be rectified in the near future.
Mayor Bowers advised that Ms. Bethel is always
welcome to appear before City Council, and asked that she
not think, because he has disagreed with her in the past
on certain issues, that there has been any intent of lack
of respect because disagreeing on issues does not
necessarily imply disrespect. He suggested that Ms.
Bethel meet with Mr. Jeffrey to address her concerns
relative to the housing survey in Gainsboro.
Vice-Mayor Fitzpatrick advised that there is a
considerable amount of emotion attached to the situation,
and whenever Ms. Bethel appears before Council, he has
the impression that she is of the opinion that Council is
not interested; and there seems to be a feeling in regard
to past matters that there is an unwillingness to
compromise on both sides. He stated that the essence of
beginning to communicate is to understand the position of
each other. Me added that there is an opportunity for
future potential growth and development in Gainsboro, and
it is important for Ms. Bethel to be a part of that
movement.
The Mayor requested that a representative of the
City Administration contact Ms. Bethel about the
possibility of the Historic Gainsboro Neighborhood
Preservation Organization becoming a part of the Roanoke
Neighborhood Partnership.
At 9:00 p.m., the Mayor declared the meeting in
recess.
At 9:40 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
150
(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 McCadden, Musser, White,
Bowles, Fitzpatrick, Harvey and Mayor Bowers ........... 7.
NAYS: None 0.
ROANOKE ARTS COMMISSION: The Mayor advised that
there is a vacancy on the Roanoke Arts Commission,
created by the resignation of Joan Martin, and called for
nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of
David D. Guerrero.
There being no further nominations, Mr. Guerrero was
elected as a member of the Roanoke Arts Commission for a
term ending June 30, 1995, by the following vote:
ACTION: FOR MR. GUERRERO: Council Members McCadden, Musser,
White, Bowles, Fitzpatrick, Harvey and Mayor Bowers .... 7.
There being no further business, the Mayor declared the
meeting adjourned at 9:45 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
151
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
April 19, 1993
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, April 19,
1993, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Howard E. Musser, William White,
Sr., Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., Delvis O.
McCadden and Mayor David A. Bowers 6.
ABSENT: Council Member James G. Harvey, II-- -1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Sr., Assistant City Manager; Wilburn C. Dlbling, Jr.,
City Attorney; James D. Grisso, Acting Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
Nicholas G. Bacalis, Father, Holy Trinity Creek Orthodo~ Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
MISCELLANEOUS-COUNCIL: The Mayor advised that the
week of April 18, 1993 marks the 50th Anniversary of the
Warsaw uprising. Ne stated that the Jewish community is
recognizing this tragic anniversary, and advised that a
video with regard to the Holocaust would be shown at the
end of the Council meeting.
BID OPENINGS
STREETS AND ALLEYS: Pursuant to notice of
advertisement for bids for asphalt 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, April 19, 1993, 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
152
ACTION=
ACTION=
ACTION=
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
Adams Construction Co.
L. H. Sawyer Paving Co., Inc.
S. R. Draper Paving Co., Inc.
$898,865.80
933,275.20
983,722.40
Mr. Fitzpatrick 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. McCadden and adopted.
The Mayor appointed William White, Sr., Chairperson,
William F. Clark and Charles M. Huffine 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 a matter with regard to the location of a
prospective business when no previous announcement has
been made of the business' interest in locating in the
community.
MINUTES: Minutes of the special meeting of Council
held on Saturday, January23, 1993, 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 Musser, White, Bowles,
Fitzpatrick, McCadden and Mayor Bowers
NAYS: None
0
(Council Member Harvey was absent.)
153
ACTION:
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Sesslon to discuss a
matter with regard to the location of a prospective
business when no previous announcement has been made of
the business' interest in locating in the community,
pursuant to Section 2.1-344 (A)(5), 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 location of a
prospective business when no previous announcement has
been made of the business' interest in locating in the
community, pursuant to Section 2.1-344 (A)(5), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, McCadden and Mayor Bowers-- 6.
NAYS: None O.
(Council Member Harvey was absent.)
PUBLIC WORKS-STREETS AND ALLEYS: A report of the
City Manager with regard to emergency repairs as a result
of slope failure, J. B. Fishburn Parkway, was before
Council.
It was advised that a minor land slide or slope
failure of the roadway embankment for the J. B. Fishburn
Parkway occurred in mid-March 1993; that the Street
Department attempted to repair the slide, but the
magnitude of the work was beyond the capabilities of
City-owned equipment; that slope failure was most likely
caused by melting snow as a result of the blizzard of
1993 and subsequent rainfall that contributed to
saturating the soil at the site, which, in turn, reduced
the strength of roadway embankment, thereby causing the
failure; that based upon recommendations of engineering
consultants, the J. B. Fishburn Parkway was reduced to
one lane of traffic at the failure site; that traffic
signage was installed to safely conduct traffic through
the area; that City staff is constantly monitoring the
site for indications of further slope slippage; and
Council was first advised of the problem by
correspondence dated March 26, 1993.
154
ACTIONs
It was further advised that repairs to the slide
area were Initiated on Monday, March 29, 1993, by
Aaron J. Conner, General Contractor, Inc., with repairs
anticipated in two basic areas, I.e., to improve drainage
of surface water and ground water in the general area of
the failure, and to reconstruct the failed embankment.
(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 Musser, White, Bowles,
Fitzpatrick, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member Harvey was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET: Pursuant to provisions of the City
Charter, the City Manager presented a proposed balanced
budget for fiscal year 1993-94, in the amount of
$129,772,444.00. Ne advised that Council led the way to
whatever type of recovery the City of Roanoke has
experienced, or will experience, over the next 18 to 24
months, and a review of the regional economy dating back
to June 1992 and coming forward over the next 18 to 24
months, regionally, reveals a net loss of Jobs of
approximately 2,800, however, the good news is that the
City has led the way in announcing, over the next 18 to
24 months, the creation of approximately 2,200 jobs, most
of which will be in the City and in the County.
Mr. Herbert stated that every budget must deal with
activities, revenues and projected expenditures, and the
proposed 1993-94 fiscal year budget has been a difficult
document because many of the Jobs that will be eliminated
155
will take place at the present time and run through the
end of 1993 and into the beginning of calendar year 1994,
while many of the Jobs that will be created will not come
on-line until the first of 1994, extending through the
next 12 to 18 months, during which time some positive
impact will be seen. He added that future Jobs will be
different from some of the positions that were abolished
in terms of payroll and the amount of disposable income,
and to that end, the Acting Director of Finance has had
a difficult task in compiling the City's revenue
forecast. He stated that the proposed 1993-94 fiscal
year budget is submitted with a certain amount of realism
and a certain amount of caution, advising that his major
goals in formulating the budget were to fully fund the
basic budget of the schools, to fund the first of three
years of increased cost in landfill dumping fees, to
provide funds for a pay increase for City employees, to
fund the health insurance package for City employees, to
fund pay adjustments to the classified pay plan, and to
insure that services for citizens of Roanoke are not
reduced.
The Acting Director of Finance presented an oral
briefing with regard to the 1994 General Fund revenue
estimate of $129.8 million, which compares to $124.7
million for fiscal year 1992-93, or a 4.8 per cent
Increase, or $5,093,000.00. He explained that the
revenue increase is divided into three major categories,
i.e. (1) local taxes which represent 75 per cent of the
City's revenue base; (2) intergovernmental which
represents funds received from the State and Federal
governments, or 20.7 per cent of the revenue base; and
(3) charges for services which represent 5.0 per cent of
the revenue base, or $6.4 million. He stated that local
taxes are projected to increase 3.65 per cent, or
$3,405,000.00, with real estate taxes being the major
tax; that commercial and residential reassessments
increased the revenue base by 1.9 per cent, ur
$675,000.00; that new construction increased the real
estate tax base by 1.3 per cent, or $473,000.00; that
delinquent tax collections estimate has been increased by
12.5 per cent, or $125,000.00; and all other local taxes
which include personal property, public service
corporations, sales tax, utility tax, meals tax, and
business license taxes are estimated to increase 3.55 pez
cent which includes the proposed increase in the City's
decal fee and the cigarette tax. He stated that this
increase is reflective of the slow recovering economy --
national, state and local. He further stated that
intergovernmental revenues are projected to increase 5.94
per cent, or $1,498,000.00; that social service programs
156
have increased $605,000.00 which will require $278,000.00
in local cash match; that non-categorical which is the
alcoholic beverage tax, wine tax, car rental and rolling
stock tax is up $111,000.00 due to the fact that the
State funded the recordation tax that was approved
several years ago. He explained that charges for
services increased 3.3 per cent, or $189,000.00; that
Circuit Court Clerk fees are up $61,800.00; and permit
fees which are primarily elevator inspections and street
opening permits is at $98,750.00, interest income is at
$50,000.00, and emergency medical fees at $38,000.00. He
stated that in addition to the General Fund, there are
five Enterprise Funds, i.e., Civic Center, Sewage
Treatment, Nursing, Water and Transportation, advising
that the user fee revenue estimated in the Enterprise
Funds cover operating expenditures, and the Water Fund is
the only Enterprise Fund with user fee revenues adequate
to support necessary future capital improvements. He
called attention to Internal Service Funds, i.e., City
Information Systems, Materials Control, Governmental
Services, Fleet Management, Utility Line Services, and
Water and Sewer Line Maintenance, with user fees
estimated to provide operating expenditures, and adequate
vehicular equipment replacement will be dependent upon
year-end fund balances to the Fleet Management Fund. He
advised that a new fund was established for fiscal year
1993-94 entitled, "School Fund," with revenue increases
in the School Fund from State and Federal user fees and
local share from the City of Roanoke's General Fund. He
stated that the school budget is estimated to increase
$2,014,000.00; that local share makes up 52.2 per cent of
the $2.0 million; that the State's increase in revenue
for the school system is $28.3 million; and the School
Fund is recommended to increase by $86,880.00 more than
the budget approved by the School Board, which increase
is due to minor increases in the General Fund local tax
revenue estimates between the time that the budget
preparation commenced in December 1992 until its
completion date in April 1993. He advised that revenue
estimates for all funds are fairly stated, and it is
quite a challenge with the current economic environment
to feel confident with any major revenue increase for the
upcoming year. He stated that he looked forward to
discussing the proposed budget in detail, as well as
local tax structure and revenue estimates, during the
upcoming 1993-94 budget study process.
The City Manager called attention to his 1993-94
proposed fiscal year budget transmittal letter, advising
that employee pay raises will cost $1,973,000.00,
employee hospitalization and insurance expenditures are
157
up $677,685.00, worker's compensation was raised to a
total of $700,000.00, debt service expenditures have
increased by $1,040,291.00, social services aid will
increase $709,431.00, landfill dumping fees will increase
$388,820.00, and Jail operating expenditures will
increase $268,458.00. He stated that youth program
expenditures have increased by $145,000.00 to continue
many of the programs that were initiated during the
current fiscal year such as the "Stars Come Out At Night"
program, the Summer Playground Program and Teen Special
Events. He further stated that several initiatives were
funded out of this years' current operating budget
through transfers from the General Fund Contingency into
the operating budget and will be funded and budgeted out
of the normal operating expenses in the upcoming year.
He added that contributions for cultural and human
service agencies are recommended to be level funded. He
expressed concern that the revenue situation does not
seem to be changing; that City employee hospitalization
insurance seems to increase each year; that worker's
compensation costs and the need to address excess
liability is a management and administrative issue that
will continue to be studied; and increases in landfill
dumping fees will be addressed in fiscal year 1993-94 as
well as the succeeding two years. He explained that it
is those items over which Council does not have direct
control that offer concern such as Foster Care and the
new Family Court that will be passed down from the
General Assembly, advising that funds to operate the
Family Court will have to come in some form or fashlon
out of the General Fund of the City which illustrates the
fact that many 100 per cent State funded programs do not
arrive on the City's doorstep fully funded. He stated
that in the next 18 months, the City will incur operating
costs of a new Jail addition, as well as ongoing costs
for the Juvenile Detention Home, therefore, he would urge
that Council keep in mind years two and three as it
begins to discuss the budget. He pointed out that the
City is generally in sound financial condition; that the
proposed budget reflects slow economic conditions both in
the Roanoke Valley and in the Commonwealth of Virginia;
and the good news is that the City of Roanoke will be
able to maintain services, the basic school budget will
be fully funded, the City will meet the rising costs of
landfill fees, and a pay increase will be p~ovided for
City employees, all without having to raise taxes or
increase fees and charges. In addition, he stated that
158
ACTION:
the proposed budget will permit the City to continue
moving forward on Council's priorities which are key
capital projects that include the Hotel Roanoke/
Conference Center and the Jail and Juvenile Detention
Home expansion projects.
Mr. Fitzpatrick moved that the proposed 1993-94
budget be referred to budget study for consideration.
The motion was seconded by Mrs. Bowles and adopted.
Vice-Mayor Fitzpatrick advised that pursuant to a
recent survey dating back to June 1992, within 50 miles
of Roanoke, 4,000 people will be laid off, and if the
full-time equivalent positions for the Sears Telecatalog
Center is included, 8,000 persons will potentially be out
of work in the next 18 to 24 months. He stated that the
economy will be affected, however, it is not known to
what extent because the City has not experienced anything
of this magnitude in the past.
Mr. White addressed revenue in connection with real
estate taxes, Page 9 of the Budget Summary, Item 1, Real
Estate Tax, in which reference is made to aggressive tax
efforts. He stated that certain changes were authorized
in the reorganization and/or reassignment of collection
of taxes, and requested that Council be provided with an
estimate of the amount of funds to be collected in the
next fiscal year as a result of the reorganization/
reassignment. He referred to Page 3, Personal Services,
Fringe Benefits, in which it is indicated that 12
sanitation worker positions are proposed to be eliminated
through attrition, and inquired as to what measures are
being taken by the administration in regard to
reassigning, consolidating responsibilities or
eliminating certain administrative positions.
The Mayor suggested and Council concurred in the
following 1993-94 budget study dates:
May 4
May 5
May 6
May 7
8:30 a.m. - 12:00 noon
8:30 a.m.'- 12:00 noon (Council and the
School Board)
1:00 p.m. (Council)
8:30 a.m. - 12:00 noon
8:30 a.m. - 12:00 noon
LIBRARIES: Beverly A. James, City Librarian,
addressed Council in connection with 1993 National
Library Week, the theme of which is "Libraries Change
Lives". She explained that staff and resources housed in
159
libraries change the lives of citizens every day by
providing audio and visual materials, by helping students
of all ages to complete assignments, by helping the
unemployed to find a Job, by helping parents to deal with
child rearing, and by helping citizens to locate
ancestors through research in the Virginia Room. She
called attention to events in recognition of the occasion
such as a reception honoring library volunteers, a family
read aloud program, tours of the library, and courses on
basic legal research in the Law Library. She presented
each member of Council with a book entitled, Reinventinq
Government, and pointed out that the book is important
because the principles and theories represent the driving
policy at the Federal level.
Without objection by Council, the Mayor advised that
the remarks of Ms. James would be received and filed and
made a part of the official record.
YOUTH-POLICE DEPARTMENT: The City Manager submitted
a written report with regard to a public awareness
campaign for the revised curfew ordinance, advising that
on June 22, 1992, Council concurred in the
recommendations cited by the Curfew Review Committee
which included:
1. amending the City Code to modify
curfew hours and increase the
penalty for parents knowingly
permitting a child to violate curfew
(Ordinance No. 31065-062292);
2. establishing a Juvenile Citation
Program:
3. supporting legislation to amend
Section 16.1-278.4, Code of Virginia
(1950), as amended;
4. establishing a long-term Curfew
Committee to monitor the status of
the recommendations; and
Be
designing a comprehensive public
awareness campaign to inform the
citizens about the revised curfew
ordinance and new Juvenile Citation
Program.
160
It was noted that the Curfew Committee has worked
diligently during the past months to design and implement
an effective public awareness campaign, which officially
commenced on March 10, 1993, and should continue until
mid-May; that the goal of the Curfew Committee is to
educate citizens, particularly parents and young people,
in the most efficient and effective manner possible
before the onset of warm weather; and to accomplish its
mission, the Committee identified six primary components
of the campaign:
1. printed materials (posters and
brochures),
2. radio and television interviews,
3. printed media Information,
speaking engagements to neighborhood
and educational groups,
incorporation of the curfew
ordinance information into the DARE
curriculum, and
production of a 30 second locally-
produced public service announcement
for television.
Mark A. Johnson, Chairperson, Curfew Committee,
presented a brochure with regard to the new curfew law.
He asked that the Patrick Henry High School Pride Team
stand and be recognized for their work in connection with
the public service announcement. He advised that a
critical component of any type of initiative such as the
new curfew ordinance Is active citizen involvement, and
called upon Mr. James St. Clair to brief the Members of
Council on proposed strategies to lnform the community of
the new law.
Mr. St. Clair advised that posters and flyers will
be made available to young people, as well as parents,
and the flyers will be promoted through the DARE Program
by using police resource officers in the City schools.
He pointed out that Curfew Committee members and City
representatives have met with civic groups and churches,
etc., to explain details about the campaign and
announcements have been made through the news media. He
stated that the intent of the curfew ordinance is to help
protect and safeguard the young people of Roanoke.
161
ACTION:
Without objection by Council, the Mayor advised that
the briefing would be received and filed and made a part
of the official record.
ITEMS RECOMMENDED FOR ACTION:
TRAFFIC-FIRE DEPARTMENT-POLICE DEPARTMENT-CITY CODE:
Council at its regular meeting on Monday, April 12, 1993,
having received a briefing by the Director of Public
Safety with regard to fire lane parking violations, and
having referred the matter to the City Attorney for
preparation of the proper measure increasing the fine for
violation from $10.00 to $50.00, the matter was again
before the body.
The City Manager submitted a written report
recommending that Council increase the fire lane penalty
from $10.00 to $50.00, effective July 1, 1993, which will
improve public safety concerns involving violations,
advising that public education involving public service
announcements will begin once Council has enacted the
increase in the fire lane penalty; and enhanced signage
indicating the new fine at fire lane locations in the
public right-of-way will occur.
(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:
(#31414) AN ORDINANCE amending and reordaining
subsection (b) of Section 20-89, Penalties for unlawful
parking, of the Code of the City of Roanoke (1979), as
amended, by increasing the penalty for fire lane parking
violations; and providing for an effective date.
The motion was seconded by Mrs. Bowles and adopted
by the following vote:
AYES: Council Members Musser,
Fitzpatrick, McCadden and Mayor Bowers
White, Bowles,
NAYS: None
(Council Member Harvey was absent.)
162
BUDGET-BRIDGES-HOUSING/AUTHORITY-PUBLIC WORKS-TOTAL
ACTION AGAINST POVERTY-HOTEL ROANOKE CONFERENCE CENTER-
VIRGINIA TECH-LIBRARIES-MINORITY/WOMEN OWNED BUSINESSES-
EQUIPMENT: The City Manager submitted a written report
with regard to the Hotel Roanoke and Conference Center
projects, advising that unprecedented community
involvement in the Hotel Roanoke project has raised
expectations that a supreme effort will be made to gain
local participation in the bidding on Hotel and
Conference Center construction projects; that this one-
of-a-kind, unique project involving university training,
continuing education, a public facility designed for
group meetings, and a commercial hotel is an extremely
complex project; and complex physical, operational,
marketing, pricing, booking, and coordination issues need
to be addressed within a reasonable time frame on the
Conference Center prior to its opening on March 1, 1995.
It was explained that the Hotel Roanoke Partnership,
including the Virginia Tech Real Estate Foundation and
Renew Roanoke, has agreed to employ Ron Leeper,
Small/Minority Business construction expert along with
F. N. Thompson, to operate a program to help insure that
local and minority firms receive an opportunity to bid on
the Hotel project; that Total Action Against Poverty
(TAP) has agreed to allow Alvin Nash, Deputy Director of
TAP, to take a six month leave of absence to work for the
City of Roanoke as local coordinator on this aspect of
the project in cooperation with Mr. Leeper and the City
of Roanoke; that a full-time, concentrated effort is
necessary on behalf of the Conference Center Commission
in order to move the project forward in a timely fashion;
that designation of Brian Wishneff as staff to the
Commission for a six-month period is necessary; and in
addition to dealing with all physical, marketing,
operational and financial questions involving the
Conference Center, there is a need to coordinate a number
of projects that should occur at the same time, including
the relocation of Wells Avenue and the construction of
the pedestrian bridge.
It was further explained that the traditional
project manager role within the City government structure
is needed for a project this large with all the various
staff and public bodies that are necessary to review and
approve the various plans for the projects which has led
to the appointment of Beverly A. James, Roanoke City
Librarian, and Kimberly Duncan, Administrative Assistant,
to assist Mr. Wishneff on the project for a period of six
163
months; that the team will be housed outside of the
Municipal Building, along with Alvin Nash and Mode
Johnson from Virginia Tech, who is also being loaned to
the Hotel side of the project; and it will be the
responsibility of the team, in conjunction with Faison
Associates, the architects and Doubletree to move the
project forward.
It was noted that temporary appointments will be
necessary to assume responsibilities of those individuals
who will be assigned to temporary positions; that
M. Emily Keyser will be named Acting City Librarian, and
Phillip F. Sparks will be named Acting Chief of Economic
Development; and other temporary assignments will be
necessary in the Economic Development Department.
The City Manager recommended that Council approve
the following actions:
Authorize the City Manager to enter into a
sublease with Central Fidelity Bank for
approximately 1,800 square feet at 111
Franklin Plaza in order to house the team for
a minimum of six months, with the option to
renew on a monthly basis for up to two years.
The cost of the space is $200.00 per person
per month plus $25.00 per person per month for
furniture rental. If persons are added, the
cost will increase to $200.00 per person per
month plus $25.00 per person per month for
furniture. If persons are deleted, the cost
will decrease $200.00 per person per month and
furniture rental will decrease $25.00 per
person per month. Cost of the conference room
area is $200.00 per month. There would also be
a lump sum construction cost of $2,496.00
payable over the first six months of said
sublease. Minimum monthly payments, based on
six people plus the conference room, will be
$1,966.00 for lease of space, furniture and
construction costs. Maximum monthly payments
will be $2,416.00 for lease of space,
furniture and construction costs. The entire
1,800 square feet will be available for use at
all times.
Authorize the City Manager to enter into a
$30,942.00 contract with TAP to pay the salary
and miscellaneous expenses of Alvin Nash for
six months, full-time, employment on the
project.
164
ACTION:
Transfer $41,500.00 from the following
Community Development Block Grant accounts to
pay for the contract with TAP and secretarial
support:
No. 035-091-9140-5188
No. 035-091-9140-5189
No. 035-091-9140-5142
No. 035-091-9140-5197
$ 6,275.00
3,282.00
14,131.00
17,812.00
Transfer $43,500.00 from Account No. 008-002-
9653, Conference Center Improvements, to a
capital account to be established for the
conference center project to pay for the
lease, part-time salaries, supplies, travel,
office equipment, telephones, copying, etc.,
which are necessary in order to operate a
full-time office effort during the six month
plus period.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following emergency budget
ordinance:
(931415-041993) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Projects Fund and
Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 468.)
Mr. McCadden moved the adoption of Ordinance No.
31415-041993. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser,
Fitzpatrick, McCadden and Mayor Bowers
NAYS: None.
White, Bowles,
(Council Member Harvey was absent.)
Mr. Fitzpatrick offered the
ordinance:
following
emergency
(#31416-041993) AN ORDINANCE authorizing the City
Manager to enter into a sublease agreement with respect
to certain property leased by Central Fidelity Bank at
165
ACTION:
ACTION:
111 Franklin Plaza, in the City of Roanoke, Virginia,
upon certain terms and conditions; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 469.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31416-041993. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Muss,r,
Fitzpatrick, McCadden and Mayor Bowers
NAYS: None
White, Bowles,
6.
®
(Council Member Harvey was absent.)
Mr. Fitzpatrick offered the following resolution:
(#31417-041993) A RESOLUTION authorizing the City
Manager to execute an agreement with Total Action Against
Poverty in Roanoke Valley, Inc. ("TAP"), to provide for
the services of Alvin L. Nash as Contracting Coordinator/
Ombudsman.
(For full text of Resolution, see Resolution Book No. 54,
page 470.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31417-041993. The motion was seconded by Mr. Musser and
adopted by the following.vote:
AYES: Council Members Musser,
Fitzpatrick, McCadden and Mayor Bowers
NAYS: None'
White, Bowles,
(Council Member Harvey was absent. )
ARMORY/STADIUM-SPECIAL PERMITS-VIRGINIA
TRANSPORTATION MUSEUM: The City Manager submitted a
written report advising that the Virginia Museum of
Transportation, Inc., will conduct a Spring Railfair on
Saturday, May 8, 1993, between the hours of 10.'00 a.m and
4: 00 p.m., which is a show that features model
railroading, railroadianna and rail art; that the
National Guard Armory has been requested for use by the
Museum, with a waiver of the rental fee and the granting
166
ACTION=
of concession rights and commission; and concession
proceeds and donations will be used by the Museum to
offset its annual operating expenses.
It was further advised that Council's authorization
is required to waive rental fees and to grant concession
rights and commissions, pursuant to Resolution No. 24982;
that general liability insurance must be provided by the
lessee to include bodily injury and property damage with
limits of $1 million per occurrence, and with the City to
be named as additional insured; and a certificate of
insurance, acceptable to the Risk Management Officer,
must be filed 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 Museum of Transportation, Inc., for use of
the National Guard Armory on Saturday, May 8, 1993.
(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:
(#31418) AN ORDINANCE waiving the standard rental
fee for use of certain facilities for a Spring Railfair
and granting concession rights in conjunction with such
event.
(For full text of Ordinance, see Ordinance Book No. 54,
page 478.)
The motion was seconded by Mrs. Bowles and adopted
by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers 5.
NAYS: None. 0.
(Council Member Harvey was absent.)
Fitzpatrick abstained from voting.)
(Vice-Mayor
BUDGET-PURCHASE/SALE OF PROPERTY-BRIDGES-EASEMENTS:
The City Manager submitted a written report with regard
to easement acquisition for replacement of certain
bridges, advising that Council at its regular meeting on
Monday, September 14, 1992, authorized an engineering
services contract with Mattern & Craig, Inc., to prepare
plans, specifications, and other construction related
167
ACTION:
documents for replacement of Bridge No. 8052 over Craig
Robertson Road, S. E., and an engineering services
contract with Hayes, Seay, Mattern & Mattern, Inc., to
prepare plans, specifications, and other construction
related documents for replacement of Bridge No. 8060 over
Centre Avenue, N. W., and Bridge No. 8042 over Shenandoah
Avenue, N. W.; and design and construction documents have
been completed for the three bridge replacements which
will affect 11 properties.
It was further advised that project schedules call
for easement acquisition to begin, therefore, contacts
have been made and property owners are granting rights of
entry to replace bridges, as well as agreeing to grant
necessary permanent easements at nominal costs; and
funding needs for appraisals, title searches, easement
acquisition and acquisition services are estimated to be
$10,000.00.
The City Manager recommended that Council adopt a
measure authorizing easement acquisition for 11 parcels,
with total compensation for all parcels, appraisals,
title searches and acquisition assistance not to exceed
$10,000.00 without further authorization by Council; and
authorize the Acting Director of Finance to transfer
$10,000.00 from Account No. 001-004-9310-9508, Transfers
to Capital Projects Fund, to be appropriated to Capital
Account No. 008-052-9548-9003, Bridge Replacement.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31419-041993) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 471.)
Mrs. Bowles moved the adoption of Ordinance No.
31419-041992. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
168
ACTION:
AYES: Council Members Muss,r, White, Bowles,
Fitzpatrick, McCadden and Mayor Bowers 6.
NAYS: None
(Council Member Harvey was absent.)
Mrs. Bowles offered the following emergency
ordinance:
(#31420-041993) AN ORDINANCE providing for the
acquisition of certain easements needed by the City for
the replacement of Bridge No. 8052, Bridge No. 8060, and
Bridge No. 8042; authorizing the City Manager to fix to
a certain limit the consideration to be offered by the
City for such parcels; directing the mailing of this
ordinance to the property owners; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 471.)
Mrs. Bowles moved the adoption of Ordinance No.
31420-041993. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Muss.r,
Fitzpatrick, McCadden and Mayor Bowers
NAYS: None.
White, Bowles,
6.
(Council Member Harvey was absent.)
PURCHASE/SALE OF PROPERTY-SEWERS AND STORM DRAINS-
EASEMENTS-INDUSTRIES: The City Manager submitted a
written report with regard to the Statesman Industrial
Park Stormwater Management project, advising that
Council, at its regular meeting on Monday, July 22, 1990,
authorized an engineering services contract with Mattern
& Craig, Inc., to prepare plans, specifications and other
construction related documents for stormwater management
facilities for Statesman Industrial Park; that design and
construction documents were completed, and Council
authorized acqui£ition of necessary property and
easements at its regular meeting on Monday, September 23,
1991, by providing for expenditure of funds for those
parcels that must be purchased at the appraised fair
market value, and authorized the City Attorney to
institute condemnation proceedings, as necessary.
169
ACTION=
It was further advised that design changes
necessitated by engineering and environmental concerns
required acquisition of certain different easements and
property configurations than were anticipated in
September 1991; and property and easements must be
acquired to permit completion of the project.
The City Manager recommended that Council adopt the
proper measure authorizing property and easement
acquisition for the revised configuration of three
parcels, with total compensation not to exceed the amount
established previously, without further authorization by
Council; and that the City Attorney be authorized to
institute condemnation and right of entry proceedings, as
necessary, in the event of refusal of property owners to
accept settlement in order that undue delay will be
avoided, with funding available in Account No. 008-052-
9656.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinance:
(#31421-041993) AN ORDINANCE providing for the
acquisition of additional real estate needed by the City
for the construction of the Statesman Industrial Park
stormwater Management Project; authorizing the City
Manager to fix to a certain limit the consideration to be
offered by the City for such parcels; 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;
directing the mailing of this ordinance to the property
owners; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 473.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31421-041993. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser,
Fitzpatrick, McCadden and Mayor Bowers
NAYS: None
White, Bowles,
(Council Member Harvey was absent.)
170
BUDGET-BUSES-GRANTS-EQUIPMENT: The City Manager
submitted a written report with regard to the share of
the City of Roanoke of the capital grant for the Greater
Roanoke Transit Company (GRTC), advising that in January
1992, the GRTC Board of Directors authorized submission
of a capital grant application to the Federal and State
governments for the purpose of obtaining the majority of
funds needed to replace 18 of the Company's 38 buses;
that the State government approved the capital grant
application in May 1992; that Federal government approval
of the capital grant application was delayed by
Congressional earmarking of all available Federal funds
for other purposes; and the Federal economic stimulus
package, introduced in February 1993, included
$752,000.00 for mass transit projects, potentially
providing the Federal Transit Administration with the
funds necessary to approve the capital grant application.
It was further advised that the capital grant
application is comprised of the following funding
amounts:
Federal
State
Local
$3,288,000.00
404,700.00
__372t300.00
Total
$4,065,000.00
It was explained that Federal government approval of
the capital grant application appears imminent and
acceptance of an approved grant requires certification
regarding the availability and obligation of the local
match which is available; and obligation of the funds
requires action by Council.
The City Manager recommended that Council
appropriate $295,300.00 from Prior Years Retained
Earnings in the Internal Servico Fund, and $77,000.00
from the Capital Maintenance and Equipment Replacement
Program in the General Fund, all of which is to be
transferred to an account to be established in the
Capital Projects Fund for the purpose of providing the
Greater Roanoke Transit Company with the $372,300.00
local match required to accept the Federal and State
capital grants totalling $3,692,700.00 for the purchase
of 18 buses.
(For full text, see report on file in the City Clerk's
Office.)
171
ACTION:
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(931422-041993) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General, Internal
Service, and Capital Funds Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 474.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31422-041993. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser,
Fitzpatrick, McCadden and Mayor Bowers---
NAYS= None.
White, Bowles,
--6,
(Council Member Harvey was absent.)
BUDGET-FIRE DEPARTMENT-EQUIPMENT= The City Manager
submitted a written report advising that the Capital
Maintenance and Equipment Replacement Program has
identified the need to replace one aerial ladder truck in
the Fire Department which is necessary to continue the
performance of assigned duties and responsibilities in
the most efficient and effective manner, therefore, bids
were received on March 25, 1993, for one aerial ladder
truck.
The City Manager recommended that Council take the
following actions:
accept the lowest responsible bid from Simon
Ladder Towers, Inc., for one new aerial ladder
truck, including operational equipment and
performance bond, in the amount of
$510,000.00;
appropriate $510,000.00 from the Capital
Maintenance and Equipment Replacement Program
to Fleet Management, Account No. 006-052-2641-
9010; and
reject all other bids received by the City.
(For full text, see report on file in the City Clerk's
Office.)
172
ACTION:
ACTION=
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31423-041993) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General and Internal
Service Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 476.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31423-041993. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White,
Fitzpatrick, McCadden and Mayor Bowers-
Bowles,
NAYS: None 0.
(Council Member Harvey was absent.)
Mr. Fitzpatrick offered the following resolution:
(%31424-041993) A RESOLUTION providing for the
purchase of one aerial ladder truck 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 Resolution, see Resolution Book No. 54,
page 477.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31424-041993. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White,
Fitzpatrick, McCadden and Mayor Bowers
Bowles,
6.
NAYS: None 0.
(Council Member Harvey was absent.)
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
173
ACTION=
STREETS AND ALLEYS: Ordinance No. 31404-041993
vacating, discontinuing and closing that certain 50 foot
section of Maddock Avenue, N. W., extending in a westerly
direction from Williamson Road between Official Tax Nos.
3080906 and 3080817, having previously been before the
Council for its first reading on Monday, April 12, 1993,
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:
(#31404-041993) AN ORDINANCE permanently vacating,
d~scontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
p~icularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 462.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31404-041993. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, McCadden and Mayor Bowers ....... 6.
NAYS: None
(Council Member Harvey was absent.)
AIRPORT-STREETS AND ALLEYS: Ordinance No. 31413-
041993 vacating, discontinuing and closing that certain
672 foot section of Barns Avenue, N. W., extending in an
easterly direction from its intersection with Peters
Creek Road, N. W., said section not to include a certain
area consisting of approximately 175 square feet, as more
particularly set forth in said ordinance, having
previously been before the Council for its first reading
on Monday, April 12, 1993, 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:
(#31413-041993) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 465.)
174
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
31413-041993. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, Bowles, Fitzpatrick,
and Mayor Bowers 4.
NAYS: Council Members McCadden and White
(Council Member Harvey was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
MISCELLANEOUS-COUNCIL: A video was
connection with the Holocaust.
shown in
(See page 1.)
OTHER HEARINGS OF CITIZENS: None.
At 3:40 p.m., the Mayor declared the meeting in
recess.
At 4:20 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Member Harvey.
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 Musser, White,
Fitzpatrick, and Mayor Bowers ....
NAYS: None
Bowles,
(Council Member Harvey was absent.) (Council Member
McCadden left the meeting during the Executive Session.)
175
tl
There being no further business, the Mayor declared the
meeting adjourned at 4:22 p,m.
APPROVED
ATTEST:
City Clerk
Mayor
176
REGULAR WEEKLY SESSION ......
ROANOKE CITY COUNCIL
April 26, 1993
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, April 26,
1993, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedurg, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members William White, Sr., Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Delvis O.
McCadden, Howard E. Musser and Mayor David A. Bowers ....... 7.
ABSENT: None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Acting Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
Charles S. Hoffler, Paster, Waverly Place Baptist Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
BID OPENINGS
JEFFERSON CENTER-SCHOOLS-EQUIPMENT: Pursuant to
notice of advertisement for bids to furnish and install
furniture and equipment for City offices at the Jefferson
Center, 540 Campbell Avenue, S. W., said bids to be
received by the City Clerk until 1:30 p.m., on Monday,
April 26, 1993, 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 reported
that a bid, which was not properly identified as a bid on
the envelope, was inadvertently opened prior to the 2:00
p.m. bid opening.
177
ACTION:
ACTION:
The following bids were opened and read by the City
Clerk:
BIDDER
Virginia Correctional Enterprises
Harris Office Furniture Co., Inc.
LUMP SUM AMOUNT
$ 61,795.26
149,954.00
Mr. Fitzpatrick moved that the bids be referred to
a committee to be appointed by the Mayor for tabulation,
report and recommendation to Council and that the City
Attorney be requested to review the legality of the bid
submitted by Virginia Correctional Enterprises which was
inadvertently opened prior to the 2:00 p.m., bid opening
hour. The motion was seconded by Mr. McCadden and
unanimously adopted.
The Mayor appointed William White, Sr., Chairperson,
Beverly T. Fitzpatrick, Sr., and W. Robert Herbert as
members of the committee.
WATER RESOURCES: Pursuant to notice of
advertisement for bids for construction of Carvins Cove
Phase II Water Improvements - Contract C-2, said bids to
be received by the City Clerk until 1:30 p.m., on Monday,
April 26, 1993, 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
H. Hanmer Gay &
Co., Inc.
Aaron J. Conner
General Contractor,
Inc.
E. C. Pace Co., Inc.
Yates Construction
Co., Inc.
Ramey, Inc.
TOTAL PROJECT TOTAL PROJECT TOTAL PROJECT
COST TANK A COST TANK B COST TANK C
$2,379,035.00 $2,334,535.00 $2,351,035.00
2,556,020.20
2,536,682.20
2,532,914.20
2,681,695.00
3,108,880.20
2,681,695.00
3,074,880.20
2,696,195.00
3,058,880.20
3,535,000.00
3,511,000.00
3,500,000.00
178
ACTION=
ACTION~
Mr. Fitzpatrick 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. McCadden and adopted.
The Mayor appointed William White, Sr., Chairperson,
Kit B. Kiser and M. Craig Slues as members of the
committee.
PUBLIC HEARINGS
ZONING-HOUSING/AUTHORITY-PLANNING-LANDMARKS/HIST.
PRESERVATION-HOTEL ROANOKE CONFERENCE CENTER-ECONOMIC
DEVELOPMENT-HENRY STREET REVIVAL COMMITTEE: Pursuant to
motion adopted by Council on Monday, April 12, 1993, the
City Clerk having advertised a public hearing for Monday,
April 26, 1993, at 2:00 p.m., or as soon thereafter as
the matter may be heard, to receive public comments with
regard to Amendment No. 4 to the Redevelopment Plan for
the Gainsboro Community Development Area, the matter was
before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
April 16, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that on Wednesday, April 7, 1993, the Commission was
briefed by H. Wesley White, Jr., Director of Land
Planning/Subsidized Housing of the Roanoke Redevelopment
and Housing Authority, on proposed amendments to the
Gainsboro Redevelopment Plan CD-l, which proposed
amendments will accomplish the following objectives, was
before Council.
bring Plan exhibits into conformity with that
which presently exists in the area;
provide for the revitalization of the Hotel
Roanoke/Henry Street commercial area in
general and development of a modern
hotel/conference center complex in conjunction
with renovation of the Hotel Roanoke;
make changes in land uses to bring said uses
into conformity with City zoning districts;
179
ACTION:
provide for appropriate historical
designations, preservation and revitalization
of historic residential neighborhoods.
The Planning Commission recommended that Council
approve the proposed amendments, advising that the
proposed amendments to the text of the redevelopment
plans will be consistent with the City's Comprehensive
Plan and will more accurately reflect the pattern of
existing land use in the portion of the Gainsboro
neighborhood.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
(#31425-042693) A RESOLUTION approving Amendment
No. 4 to the Redevelopment Plan for the Gainsboro
Community Development Program Area.
(For full text of Resolution, see Resolution Book No. 54,
page 479.)
Mr. White moved the adoption of Resolution No.
31425-042693. 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 matter.
There being none, Resolution No. 31425-042693 was adopted
by the following vote:
AYES~ Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ...... 7.
NAYS: None
SCHOOLS: Pursuant to Section 9-20.1, Public hearing
before appointment of School Board members, of the Code
of the City of Roanoke (1979), as amended, the Mayor
advised that prior to public interview of candidates for
the position of School Trustee which is required by
Section 9-21 of the City Code, and prior to April 30,
Council shall hold a public hearing to receive the views
of citizens and no applicant shall be appointed to the
School Board unless such applicant's name has been
considered at a public hearing, the City Clerk having
advertised a public hearing to be held on Monday,
April 26, 1993, at 2:00 p.m., or as soon thereafter as
the matter may be heard, the matter was before the body.
180
Advertisement of the public hearing was published in
the Roanoke Times & World-News on Thursday, April 15,
1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
The Mayor advised that on Monday, April 12, 1993,
Council selected the following persons to be accorded the
public interview on Thursday, April 29, 1993, at 6:00
p.m., in the City Council Chamber for the position of
School Board Trustee, for terms commencing July 1, 1993,
and ending June 30, 1996:
Paul E. Corn
Charles W. Day
H. Joel Kelly
Finn D. Plncus
Patricia W. Witten
Inasmuch as numerous persons had expressed a desire
to address Council, the Mayor requested that all speakers
limit their remarks to two-three minutes.
Ms. Marsha W. Ellison, President, Central Council
PTA, 2030 Knollwood Road, S. W., spoke in support of the
application of Patricia W. Wltten. She advised that as
President of Central Council PTA, she is in touch with
the parents of Roanoke City school children, and youth
and parents alike are of the opinion that another parent
is needed on the School Board. She stated that Roanoke
City has approximately 5,000 PTA members; that parents
are concerned that programs could be cut with the coming
of a new Superintendent; and parents are of the opinion
that an individual should be appointed who is familiar
with parents, schools, administrators, and children. She
advised that Ms. Wltten has excellent qualifications;
that she is a parent who has served on Parent-Teacher
Associations at three different schools, as well as
President, she is Immediate Past-President of Central
Council PTA, she has volunteered at ten of the 29 schools
in the City, she has served the youth of the City as a
member of the School Board's Long-Range Planning
Committee, she was a member of the Community Relations
Task Force, she served on the Grant Committee of FOCUS
(Family Oriented Care and Urgent Services), she is
District Director of Methodist Women, and she is a proven
leader and public servant. Ms. Ellison added that Ms.
Wltten is acquainted with the new school superintendent
inasmuch as she participated in two of his interviews.
She pointed out that parent observers at School Board
181
meetings during the past year were not impressed by
School Board leadership. She stated that Ms. Wttten is
an excellent leader who is highly qualified for the
position that she seeks.
Ms. Kathryn E. Glassbrenner, 5221 Medmont Circle,
S. W., spoke on behalf of the application of Patricla W.
Wttten. She advised that she has been impressed with Ms.
Wltten's interest and concern for all children; that she
is a person who will say what she thinks and will be
straight forward in her assessments. She pointed out
that when Mr. James M. Turner steps down from his
position as a Member of the School Board, no parent with
children currently in the school system will be
represented on the Board. She stated that she was not
implying that Mr. Pincus or Mr. Day should be ousted from
the School Board because they have both served admirably,
however, she called attention to the same situation that
existed in the City of Salem which was remedied by adding
another person to the Salem School Board because the
Members of the Salem City Council felt that a balanced
representation was necessary. She stated that parents of
Roanoke City school students request that Council balance
the composition of the School Board by providing parent
representation.
Ms. Ann P. McLean, 3101 Maywood Road, S. W., spoke
on behalf of the application of Patricia W. Witten. She
stated that she has known Ms. Wltten for 17 years having
worked with her actively in Parent-Teacher Associations
for the past six years. She added that Ms. Witten would
fill the void of parent~representatton on the Roanoke
City School Board. She advised that Ms. Wltten is
honest, she will state her opinion on any situation, she
is fair, she will listen, she is knowledgeable, she has
attended most of the School Board meetings for the past
several years; and she has received special awards in
recognition of her service as a volunteer in the schools.
Mr. Perry R. Downing, 1905 Windsor Avenue, S. W.,
spoke in support of the application of Finn D. Pincus.
He stated that he has known Mr. Pincus since 1988, and
over the past five years, he has been acquainted with him
both on a personal and a professional basis. He further
stated that Mr. Plncus is an intelligent, friendly and
conscientious educational professional with many years of
educational leadership experience; that he has been
impressed with the way he conducts School Board business;
that his task of leading the search and selection process
for a new superintendent was outstanding; that by
receiving input from various sources, he was able to make
182
difficult decisions in an open and professional manner;
and the School Board's selection of the new
Superintendent is being heralded as an excellent choice
by almost everyone. He advised that as the parent of a
child in the Roanoke City school system, he is proud to
have someone of Mr. Plncus' knowledge and ability serving
on the School Board as a dedicated public servant with an
open mind on all issues. He added that since Mr. Ptncus
does not have children, he can be totally unbiased and
make decisions in the overall best interest of all
children. In order to provide stability, he explained
that it is vitally important that Mr. Pincus' leadership
continue during the transition period to a new school
Superintendent. He stated that Mr. Pincus is a
dedicated, caring and highly intelligent leader, and he
recommended his reappointment to the School Board.
Mr. William B. Hopkins, Jr., 2734 Crystal Spring
Avenue, S. W., spoke in support of the application of
Finn D. Pincus. He stated that he has known Mr. Pincus
through his involvement in certain School Board issues
and found him to be open and accessible, always willing
to meet and answer questions, to provide information,
always well informed on School Board issues, and for
these reasons, he should be reappointed to the School
Board. He advised that the School Board, which Mr.
Pincus served as Chairperson, made an excellent choice in
the selection of the new School Superintendent; that Mr.
Plncus is to be commended for his efforts, and deserves
the opportunity to work with the new Superintendent.
Mr. Robert P. Steinmetz, Route 2, Box 114, Goodview,
Virginia, a teacher in the Roanoke City public school
system, spoke in support of the reappointment of Finn D.
Pincus, advising that he appeared before Council three
years ago and urged that Council appoint Mr. Plncus to
the School Board because of his qualifications. He
expressed appreciation to Council for appointing Mr.
Pincus because he has changed the direction of the School
Board, advising that his leadership ability as
Chairperson for two years during his three year
appointment has been outstanding. He stated that Mr.
Pincus has visited virtually all of the City schools, and
during his visits, he has been extremely concerned about
programs, teachers, personnel, administrators and
students. He explained that Mr. Pincus knows where to go
to find the answers to questions, and he gives the people
that satisfaction; and Roanoke City now has a better
working School Board that is more conscious of the needs
of the community due, in large measure, to Mr. Pincus'
leadership. He advised that the City currently has a
183
School Board that is objective in its views of programs
valuate and strengthen rather than cut
and will e ....... u. ~-~ is willing to work
........ . He statea ~nuu ~',~. ~,.vus .... ~, lines of
Cit council and has tried
with Y mot~vaL~u
n' that he is positively
communicatio , ....... ~-t there is currently
regard to the new Superlntenaenu,
a more congenial and cooperative school Board and school
administration in their concern for teachers in the
classroom and students, which reveals that Mr. pincus is
dmintstrator, and a people-person who is
a leader, an a .......... ~ive. For the above
creative, as well as ~lnancla~y
reasons, he requested that Mr. Pincus be reappointed to
School Board Trustee which will allow him
the position of .... ~- -~ ce to the Roanoke
an opportunity to continue h~ .... vi
community.
The Reverend Kenneth B. Wright, Pastor, First
Baptist Church, 310 N. jefferson Street, spoke on behalf
of the application of Charles W. Day. He requested that
council be aware of the many assets of this School Board
Member who uses a common sense approach to the
responsibility of participating in the policies which
direct the implementation of educational application- He
urged that Council give serious consideration to the
reappointment of Mr. Day, for there are basically three
elements that guide an individual, i.e. (1) his theology;
and (3) his politics. He stated that
(2) his philosophy; that all persons involved in the
Mr. Day believes need to improve which is a practical
educational process
approach; that individuals are needed who are capable of
contributing their e~perience in the practical approach
to education; and Mr. Day has been involved in the entire
realm of education and knows how to set policies, how to
carry out policies, how to see a situation for what it
is, and how to reach a common sense resolution. He
requested that Council vote favorably for the
reappoin~ment of Charles W. Day.
Mr. j. Ralph Smith, 4331 Williamson Road, N. W.,
spoke in support of the application of charles W. Day.
He stated that he is the product of what Mr. Day can do;
es o ortunities for people; and he has
that he creat PP ....... th .... ,,-, neople of
striven to provide opportunities
Roanoke City. He added that Mr. Day has been a teacher,
a coach, an administrator, he knows every level of
education, and he is a valuable asset to the City and to
its school system.
184
AC?ION~
Mr. George W. Sanderson, 144 Monterey Avenue, N. E.,
spoke in sugport of the application of Patricia W.
Wltten. He stated that he served with Ms. Wttten on the
Task Force on Human Relations during which time she made
valuable contributions to the work of the Task Force. He
advised that Ms. Wltten is a sensitive Individual and in
a school system, sensitivity is needed relative to
certain types of Issues.
Without objection by Council, the Mayor advised that
all remarks would be received and filed and made a part
of the official record.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council; and for
the purpose of discussion and consideration of a special
award to be made by City Council to a deserving citizen.
COUNCIL= A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Harvey and adopted by th~ following vote=
AYES= Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ......... 7.
NAYS: None 0.
185
ACTION:
ACTION:
ACTIONt
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session for the
purpose of discussion and consideration of a special
award to be made by City Council to a deserving citizen,
pursuant to Section 2.1-344 (A)(10), 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 Mayor to convene in Executive Session for the
purpose of discussion and consideration of a special
award to be made by City Council to a deserving citizen,
pursuant to Section 2.1-344 (A)(10), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Harvey
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ....... 7.
NAYS: None 0.
COMMITTEES-TRAFFIC: A report of qualification of
W. W. S. Butler, III, as a member of the City of Roanoke
Transportation Safety Commission, for a term ending
October 31, 1996, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ...... 7.
NAYS: None 0.
COMMITTEES-ROANOKE ARTS COMMISSION: A report of
qualification of David D. Guerrero as a member of the
Roanoke Arts Commission, for a term ending June 30, 1995,
was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
186
ACTION:
AYES~ Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers-- 7.
NAYS: None 0.
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 $1,615.00
for the Title III Word Perfect Class Program, to provide
funds for the cost of an instructor and materials for an
evening course in Word Perfect software, which will be
reimbursed 100 per cent from Federal funds, was before
the body.
A report of the Acting Director of Finance
recommending that Council concur in the request of the
School Board, was also before the body.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31426-042693) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 480.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31426-042693. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ......... 7.
NAYS: None O.
ROANOKE MEMORIAL - HOSPITALS-BONDS/BOND ISSUES-
INDUSTRIES-HOSPITALS-COMMUNITYHOSPITAL: A communication
from Harwell M. Darby, Jr., Attorney, representing the
Industrial Development Authority of the City of Roanoke,
Virginia, requesting approval of the issuance of not to
exceed $62,500,000.00 aggregate principal amount of the
187
ACTION:
Authority's Hospital Refunding Bond Series 1993A, for
Roanoke Memorial Hospitals, Community Hospital of Roanoke
Valley, Franklin Memorial Hospital and Saint Albans
Psychiatric Hospital, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick offered the following resolution:
(#31427-042693) A RESOLUTION of the City Council of
the City of Roanoke, Virginia, approving, among other
things, the issuance of not to exceed $62,500,000.00
aggregate principal amount of the Industrial Development
Authority of the City of Roanoke, Virginia, Hospital
Revenue Refunding Bonds (Roanoke Memorial Hospitals,
Community Hospital of Roanoke Valley, Franklin Memorial
Hospital and Saint Albans psychiatric Hospital Project)
Series 1993A, 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. 54,
page 481.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31427-042693. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ....... 7.
NAYS: None- - ...... 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-PLANNING: 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 fozm of a
Community Development Block Grant; that HUD
representatives informed City staff that Roanoke's
Community Development Block Grant entitlement will be
$2,076,000.00 for the City's fiscal year 1993-94, or an
188
ACTION:
increase of $177,000.00 over flscal year 1993 funding;
and revenue is estimated to be available from the
following sources for fiscal year 1994:
$508,400.00 estimated program income
generated from prior Community
Development Block Grant programs;
and
2. $160,945.00 transferred from prior
grant entitlement years.
It was further advised that two public meetings were
held to hear recommendations of citizens on January 19,
1993, and on April 15, 1993; that Council will be briefed
at its regular meeting on Monday, May 3, 1993, on
recommended activities for the fiscal year 1993-94
Community Development Block Grant 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 a
local newspaper, and a summary version will appear in the
Neighbors section of the Roanoke Times & World-News on
Thursday, April 29, 1993.
The City Manager recommended that Council schedule
a public hearing on the Community Development Block Grant
on Monday, May 10, 1993, at 7:30 p.m., or as soon
thereafter as the matter may be heard, in the Council
Chamber.
(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 byMr. Musser and unanimously adopted·
POLICE DEPARTMENT-CITYCODE-FIREDEPARTMENT-TRAFFIC:
The City Manager submitted a written report with regard
to the penalty for parking in a fire lane, advising that
on April 19, 1993, Council concurred in a report
recommending that the penalty be increased from $10.00 to
$50.00, effective July 1, 1993, and adopted the
appropriate ordinance on first reading. He further
advised that a $10.00 late payment penalty was not
included in the ordinance; and pointed out that all other
parking violators have a late payment penalty after ten
days.
189
ACTION:
ACTION:
The City Manager recommended that Council concur
with the inclusion of a $10.00 late payment penalty on
the $50.00 penalty for fire lane violation, advising that
inclusion of a late payment penalty will encourage timely
payment of the fire lane penalty and provide a uniform
late payment penalty on all parking violations; and City
Attorney has amended the ordinance to include the
recommendation. The City Manager further recommended
that the amended ordinance be adopted on its first
reading, with the second reading to occur on Monday,
May 3, 1993; and that the ordinance previously adopted on
its first reading be defeated so as to avoid any question
as to its status.
(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~
(#31428) AN ORDINANCE amending and reordaining
subsection (b) of Section 20-89, Penalties for unlawful
parking, of the Code of the City of Roanoke (1979), a~
amended, by increasing the penalty for fire lane parking
violations; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 54,
page 486.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, Musser and Mayor Bowers ....... 6.
NAYS: None'
(Council Member McCadden'abstained from voting.)
ACTING DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Acting Director of
Finance submitted the financial report for the City of
Roanoke for the month of March 1993.
(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 Mr. White
and unanimously adopted.
190
Mr. White requested an update with regard to sales
tax figures; whereupon, the Acting Director of Finance
advised that the 4.65 per cent increase in sales tax
represents collections as of April 15 which is 15 days
beyond this financial report period. He stated that the
City is 4.65 per cent above collections compared to this
time last year; however, when the collection rate is
compared to what was estimated in the adopted budget for
fiscal year 1992-93, collections are one per cent behind
the estimate.
Mr. Harvey requested that the matter of developing
a procedure whereby property owners may pay their real
estate taxes by installments be referred to the
Commissioner of Revenue, City Treasurer, City Manager and
Acting Director of Finance for study, report and
recommendation to Council.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
POLICE DEPARTMENT-CITYCODE-FIREDEP~RTMENT-TRAFFIC:
Ordinance No. 31414 amending and reordaining subsection
(b) of Section 20-89, Penalties for unlawful parkinq, of
the Code of the City of Roanoke (1979), as amended, by
increasing the penalty for fire lane parking violations;
from $10.00 to $50.00, effective July 1, 1993, having
previously been before the Council for its first reading
on Monday, April 19, 1993, 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:
(#31414-042693) AN ORDINANCE amending and
reordainlng subsection (b) of Section 20-89, Penalties
for unlawful parking, of the Code of the City of Roanoke
(1979), as amended, by increasing the penalty for fire
lane parking violations; and providing for an effective
date.
Mr. Fitzpatrick moved the adoption of Ordinance No.
31414-042693. The motion was seconded by Mr. Musser and
lost by the following vote:
191
ACTIO~
AYES: None
NAYS: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers
(See page 13 in connection with a further report of the
City Manager relative to fire lane parking violations. )
ARMORY/STADIUM-SPECIAL PERMITS-VIRGINIA
TRANSPORTATION B~3SEUM { Ordinance No. 31418-049'693
waiving the standard rental fee for use of certain
facilities for a Spring Railfair and granting concession
rights in conjunction with such event, to be sponsored by
the Virginia Museum of Transportation, Inc., on May 8,
1993, at the National Guard Armory, having previously
been before the Council for its first reading on Monday,
April 19, 1993, 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:
($31418-042693) AN ORDINANCE waiving the standard
rental fee for use of certain facilities for a spring
Railfair and granting concession rights in conjunction
with such event.
(For full text of Ordinance, see ordinance Book No. 54,
page 478. )
Mrs. Bowles mowed the adoption of ordinance No.
31418-049-693. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: council Members White, Bowles, HarveY,
McCadden, Musser and Mayor Bowers
~AYS: None
(vice-Mayor Fitzpatrick abstained from voting.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
N-BUDGET: The Mayor called
TAXES-LEGISLATIO . - - orne who was
st of a lucal att Y,
attention_ to a.r~qu~,.=~,,,~s in the City who will be
retained by certain xnu~v~u~
directly effected if the agricultural land use tax
exemption is repealed, to address Council with regard to
192
the matter. The Mayor advised that pursuant to a
conversation with the City Attorney, it had been
suggested that Council might wish to schedule a public
hearing on the matter; whereupon, he inquired as to the
pleasure of Council.
Vice-Mayor Fitzpatrick pointed out that the matter
was referred to the City Manager for recommendation to
Council during 1993-94 budget study, and inquired if
discussion should be delayed pending receipt of a
recommendation from the City Manager prior to scheduling
a public hearing.
The City Manager advised that it was his
understanding that the matter was referred to 1993-94
budget study and not to a City official for
recommendation. He referred to a letter bearing his
signature to Council, the purpose of which was to say
that he had addressed the issue and secondly, because
there could potentially be a number of questions raised,
it would be appropriate for the City Attorney to prepare
a report with regard to legal issues. He stated that his
letter was not intended to be a report, but simply a
brief statement of certain comments that he made to a
reporter from the Roanoke Times & World News.
Following discussion, it was agreed that the
question of repeal of the agricultural land use tax
exemption would be considered by Council as a part of
1993-94 budget study, and it was not necessary to
schedule a public hearing until Council has engaged in
further dialogue.
The Mayor requested that the City Attorney advise
the attorney in question that there will be no public
hearing on the issue, at this time, however, if the
attorney would like to address Council during budget
study, he would be recognized.
Mr. Harvey requested that Council be provided with
information listing all properties that fall under the
agricultural land use tax exempt designation, as well as
current zoning for each parcel.
PARKS ANDRECREATION-BRIDGES: Vice-Mayor Fitzpatrick
requested that the City Manager report to Council within
30 days with regard to the status of the bridge on
Prospect Road, S. E., leading to Mill Mountain.
OTHER HEARINGS OF CITIZENS:
194
ACTION=
ACTION~
provide the Roanoke Symphony Orchestra with a
grant of $4,000.00 to cover the expense of
copying the score that Music Director Victoria
Bond is composing - original work on the
subject; and
encourage the Roanoke Public School System to
continue and perhaps increase its financial
support for the environmental learning program
for fourth graders from City public schools at
Explore Park; the school system provided
$5,400.00 for this purpose in the current
school year.
(See statement on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the request be referred
to 1993-94 budget study. The motion was seconded by Mrs.
Bowles and unanimously adopted.
At 3:25 p.m., the Mayor declared the meeting in
recess.
At 4:00 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden 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 White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None, 0.
COMMITTEES-ARCHITECTURAL REVIEW BOARD: The Mayor
advised that there is a vacancy on the Architectural
Review Board, created by the expiration of the term of
office of John W. Creasy, and called for nominations to
fill the vacancy.
195
Mr. Fitzpatrick placed in nomination the name of
Donald C. Harwood.
There being no further nominations, Mr. Harwood was
elected as a member of the Architectural Review Board for
a term ending October 1, 1995, by the following vote:
FOR MR. HARWOOD: Council Members White,
Bowles, Fitzpatrick, Harvey, McCadden, Musser and
Mayor Bowers ...... 7.
There being no further business, the Mayor
meeting adjourned at 4:05 p.m.
declared the
APPROVED
ATTEST:
City Clerk
Mayor
196
SPECIAL ~EETING
ROANOKE CITY COUNCIL
April 26, 1993
7:00 p.m.
The Council of the City of Roanoke met in special session on
Monday, April 26, 1993, at 7:00 p.m., in the Exhibition Hall of the
Roanoke Civic Center, 710 Wllliamson Road, N. E., with Mayor
David A. Bowers presiding.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr.,
James G. Harvey, II, Delvis O. McCadden, Howard E. Musser, William
White, Sr., and Mayor David A. Bowers- 6.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dlbling, Jr., City
Attorney; James D. Grisso, Acting Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
BUDGET-TAXES: The Mayor advised that the purpose of
the special meeting was to hear comments of citizens
with regard to the real estate tax rate for fiscal year
1993-94. He further advised that the City Manager has
recommended that the real estate tax rate remain at $1.25
per $100.00 of assessed value.
Notice of advertisement of the public hearing was
published in the Roanoke Times & World-News on Monday,
April 19, 1993, and in the Roanoke Tribune on Thursday,
April 22, 1993.
(See affidavit on file in the City Clerk's Office.)
Mayor Bowers stated that it was a privilege for
Elected and Administrative Officials of the City of
Roanoke to host the public hearing to receive co~ents
and/or remarks of citizens with regard to the real
property tax levy in the City of Roanoke, and based on
the proposed real property tax rate and changes in other
revenues, the total budget of the City of Roanoke will
exceed last year's by 4.08 per cent.
197
ii
The Mayor Inquired if there were citizens In attendance who
would like to address Council with regard to the City's real
property tax levy. There being none, the Mayor declared the
special meeting adjourned at 7:05 p.m.
APPROVED
City Clerk
Mayor
198
SPECIAL MEETING
ROANOKE CITY COUNCIL
April 26, 1993
7:15 p.m.
The Council of the City of Roanoke met in special session on
Monday, April 26, 1993, at 7:15 p.m., in the Exhibition Hall of the
Roanoke Civic Center, 710 Williamson Road, N. E., with Mayor
David A. Bowers presiding.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr.,
James O. Harvey, II, Delvis O. McCadden, Howard E. Musser, William
White, Sr., and Mayor David A. Bowers-- 6.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Rltchie, Sr., Assistant City Manager; Wllburn C. Dlbling, Jr., City
Attorney; James D. Grisso, Acting Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
BUDGET: The Mayor advised that the purpose of the special
meeting was to hear comments of citizens with regard to the City
Manager's recommended budget for fiscal year 1993-94.
Notice of advertisement of the public hearing was published in
the Roanoke Times & World-News on Monday, April 19, 1993, and in
the Roanoke Tribune on Thursday, April 22, 1993.
(See publisher's affidavit on file in the City Clerk's Office.)
Mayor Bowers further advised that it was a privilege for
Elected and Administrative Officials of the City of Roanoke to host
the public hearing on the Roanoke City Budget and Resource
Allocation Plan for Fiscal Year 1993-94. He explained that in
accordance with requirements of Section 33 of the Roanoke City
Charter pertaining to the annual budget, the City Manager has
recommended a balanued fiscal year 1993-94 General Fund budget
totalling $129,772,444.00, advising that the recommended budget
accomplishes five primary goals, i.e., (1) funding of adjustments
to the classification and pay plan, (2) funding of pay raises and
the City's share of increased hospitalization insurance costs for
employees, (3) funding of increased landfill dumping fees, (4) full
funding of the School Board's basic budget request, and (5) no
additional reduction in services to citizens.
199
The Mayor explained that the City Clerk had arranged for
citizens to register to speak, and they would be recognized in the
order in which they had registered.
The Mayor encouraged that all comments be as positive as
possible and asked that no personal attacks be made. He advised
tPat Council requested and welcomed comments on the goals and
objectives of the City, as well as the dreams of citizens for the
City of Roanoke. He stated that if a citizen had a proposal for an
increase in services, they were encouraged to make a specific
recommendation with regard to funding, and if a citizen proposed a
decrease in spending, they were requested to be specific and to
offer suggestions on how the budget could be cut.
The following persons addressed Council:
Warner N. Dalhouse, Chairperson, Board of Directors,
Center In The Square, One Market Square, S. E., expressed
appreciation for the support of Council over the past
several years. He stated that because Center In The
Square is an unusual investment for the City, over 100
new businesses have opened within the five block area
surrounding Center In The Square since its inception
eight years ago. He advised that every economic
development prospect that is introduced to the community
by the State or the Economic Development Partnership or
any other local economic development entity is shown the
prospects of Center In The Square very early in their
tour, and the impact on prospective developers has been
emphatic, with some indicating that Center In The Square
played a decisive role in their decision to locate in
Roanoke, which was true of Cooper Industries and
Transkrit Corporation. He stated that over 374,000
people visited Center In The Square in 1992 which is more
than those who visited the Virginia Museum in Richmond
and the Chrysler Museum in Norfolk combined. He further
stated that Center In The Square brings sales tax,
admissions tax, tourist dollars and food taxes to the
City of Roanoke, and real estate values in the City
Market area are substantially higher now than they were
before Center In The Square became the centerpiece of the
Design '79 project which had a dynamic effect on the City
Market and the downtown area. He noted that Center In
The Square, because it is accessible by public
transportation in downtown, makes music, theater, science
and history available to all citizens regardless of their
economic level, and the educational, entertainment and
economic development value of the facility is the envy of
every other community in the Commonwealth of Virginia and
beyond. He explained that Roanoke now has a viable,
safe, active downtown nightlife with live theater which
200
is impressive to people contemplating relocating to the
City, advising that Center In The Square is not Just a
nice place for entertainment, but represents an
educational facility that has brought enormous economic
benefit to the City. He stated that Center In The Square
is appreciative of the support it has received from the
City of Roanoke over the years and maintains that it has
been an enormously valuable investment. He advised that
Center In The Square is not requesting an increase in
funding from the City this year inasmuch as donors have
recognized the value of the facility and have increased
their support throughout the Roanoke Valley; however, he
requested that Council maintain the present level of
support for Center In The Square as one of the best
bargains and investments that the City can make.
James C. Sears, General Manager, Center In The
Square, One Market Square, S. E., advised that the
facility serves over 78,000 school children each year
through various types of programs.
Dorothy B. Cooper, President, Roanoke Education
Association, 3229 Brandon Avenue, S. W., addressed
Council with regard to how the school system fits into
the City's priorities. She explained that currently,
teachers are not certain if education is one of Council's
priorities; that teachers wonder if they have been taken
for granted; that much is expected of teachers because
they deliver a lot; that teachers have earned national
· nd State recognition time after time from chess programs
· to sports activities to entire school programs; and the
vision may have come from the School Administration, but
the sweat and tears came from teachers, support personnel
and students. She advised that at one time teachers and
support personnel were paid competitively with
surrounding Jurisdictions, but in the past ten years,
Roanoke City teachers have dropped from top salaries to
last in the school systems in the Roanoke Valley. She
stated that educators have given a considerable amount of
time and effort to make Roanoke's school system what it
is today; that they give extra hours at school and then
go home to work more hours, and they spend their own
money to ensure that classes have the materials that they
believe are necessary. She further stated that education
is presently at a critical crossroads; that Federal and
State governments have reduced funding drastically in the
last few years which has placed more pressure on the
localities, and Roanoke City seems to have responded by
reducing the school system from 48 per cent to 36 per
cent of the City's revenue. She asked the following
question of Council Members: Where are your priorities?
201
She explained that Council is desirous of attracting new
business to the City, yet, it is willing to allow
teachers to be paid on a mediocre scale. She stated that
a new addition to the Jail is needed, but if as much
money had been spent on the student as is currently being
spent on the prisoner, the Jail addition might not be
needed. She added that schools provide services to
children ranging from mental health counseling to medical
health; that in addition to reading, writing, aerospace
and other subjects, the vision provided for the schools
in the last ten to 12 years has been outstanding for the
student, but lack of funding has placed teachers in the
position of working second Jobs to provide for their
families. She encouraged Council to return a good
portion of the 12 per cent that was cut from the annual
school budget which will enable the School Board to
increase employee compensation and cause teachers to
believe that one of Council's priorities is education.
She stated that teachers are concerned about the future
of the Roanoke City schools, and Council's commitment to
excellence in education is needed for the students and
for the educational employees.
Peggy D. Balla, Executive Director, Child Health
Investment P~%rtnership (CHIP), 1851 Blenheim Road, S. W.,
advised that CHIP is changing the vision with regard to
the way that services should be organized for children
and families by offering a partnership with the Health
Department and with public health nurses to provide case
management for over 700 Roanoke City children which helps
families overcome multiple barriers to health care,
assures quality primary care to children living in
disadvantaged circumstances b~ addressing multiple needs
of the family and by tracking children to ensure that
they receive recommended services. She further stated
that in partnership with the private medical community,
CHIP assures that children receive medical and dental
care that they would not otherwise receive; that in
partnership with Total Action Against Poverty, CHIP
provides family support from a toy lending library, to
educational home visits, to parent group meetings, to
publishing a parent newsletter; and, in partnership with
the business community such as Blue Cross/Blue Shield,
Carilion Health Care and others, CHIP has b~en able to
utilize business expertise to develop local systems of
care. She advised that health care reform may help with
the financing of medical care, but the real challenge
will be to create strong Federal and local partnerships
that meet the needs of low-income families with young
children, and it is necessary to recognize the link
between social and'economic risk in health outcomes for
202
these children. She stated that effective programs, even
if child development and school readiness are the primary
goals, cannot be achieved in the absence of support for
and engagement of the family.
Dr. Jeffrey D. Clark, Chairperson, Child Health
Investment Partnership, 30 Franklin Road, S. W., advised
that he has served on the Board of Directors of CHIP
since its inception several years ago. He further
advised that the program has been successful and received
both national and international recognition as an
effective medium to deliver health care to disadvantaged
children. He explained that a request has been submitted
to the City to appropriate $158,600.00, which represents
approximately 40 per cent of the funds needed to provide
health care services to 700 City children. He expressed
pleasure in working with a group of health care providers
and business persons who have come together to provide
this special service for the children of the Roanoke
area, advising that great support has been received from
the medical community and the business community with
Blue Cross/Blue Shield and Carllion Health Care being
major supporters of children.
Sandra W. Ryals, member of the Board of Directors of
CHIP and Chairperson of the Long-Range Planning
Committee, 3645 Mudlick Road, S. W., advised that the
children of Roanoke City need Council's help in order to
make them a priority in access to health care. She
stated that part of the vision for Roanoke City must be
focused on the children, on health care which is an area
that is often overlooked because many families of today
are being forced to made decisions between putting food
on the table and providing health care for their
children. She pointed out that this unique partnership
that is flourishing in Roanoke City is being cited as not
only a State model but a national model as well. She
called attention to the unique health care needs of
children which must be met in order to help them grow,
develop and become flourishing citizens. She stated that
part of the economic development of the City today rests
with its children; that children are the most vulnerable
among the entire population because they depend upon
adults to make the right decisions for them, that ways
must be found to help them receive adequate health care,
and partnerships such as that signified by CHIP are part
of not only the present but the future. She inquired if
there are ways to shift priorities in the City's budget
in order to find additional monies to maintain services
for approximately 717 disadvantaged children. She stated
that as a City taxpayer, she would not ask that her real
203
I'
estate taxes be further reduced and while symbolically,
it is a nice intention to reduce taxes, collectively,
citizens must help to fund services that are needed for
the children of the City of Roanoke.
Ms. Deborah Yates, 936 Morehead Avenue, S. E.,
addressed Council in connection with the CHIP program,
advising that she has four children and only the youngest
child has received the advantages of the CHIP program.
She stated that her youngest child has been healthier
than her other children because of the services offered
under the CHIP program; that when her children who were
not covered under the CHIP program became ill, she had
two choices, i.e., take them to the emergency room at a
local hospital and not have sufficient money for
necessary medication or wait for the Roanoke City Health
Department Clinic to open on Monday. She stated that it
costs less money to prevent the problem than to wait
until the problem goes too far and pointed out that under
the CHIP program, she can call her children's physician
anytime they need medical attention which, in the long
term, saves money. She advised that CHIP insures that
children receive the proper foundation in order to grow
into strong healthy adults, because with a strong
foundation, a sickly child becomes a healthy child. She
stated that the past cannot be changed, but with
Council's help, CHIP can make a brighter future for many
children.
Marsha W. Ellison, President, Central Council
P.T.A., 2030 Knollwood Road, S. W., advised that she
recognized the hard decisions that Council must make at
budget time; however, education must be a priority in the
City and in its budget. She further advised that
educating the children must come first so that in the
end, money is saved, as well as earned, and the locality
will not be forced to spend considerable sums of money on
remediation and punishment such as the Juvenile Detention
Home and the City Jail, and Roanoke City will earn money
by keeping its young citizens in the Roanoke Valley as
productive workers and taxpayers. She stated that a
well-educated work force is needed to attract high-tech
industries and corporations which will provide Jobs and
careers for young people. She pointed out that her
children attend neighborhood schools, Raleigh Court
Elementary School and Woodrow Wilson Middle School; that
Raleigh Court has 27 computers, which averages one
computer per 30 children, and that is not a good ratio
for seven, eight and nine year olds; and her child who
attends Woodrow Wilson rarely has access to a computer.
She pointed out that all children should be equipped with
2O4
the necessary skills to meet the demands of today's
changing society. She further stated that the School
Board submits a budget, waits to hear the amount of funds
the City will provide, then decreases that originally
planned budget to coincide with funds provided by
Council, and pointed out that the originally planned
budget submitted by the School Board was not a frill-
filled package. She advised that teachers in Roanoke
City should not be paid less than teachers in the
surrounding Jurisdictions; that elementary guidance
counselors should be provided, and the primary grade
class size should be reduced. She stated that the school
budget increased this year by 3.2 per cent, but the
schools will receive less of the total City budget and
less of the revenue base. She requested that Council
find the necessary money in order to fund the school's
1993-94 supplemental budget.
Ms. Kathryn E. Glassbrenner, 5221Medmont Circle,
S. W., advised that she is excited about Superintendent-
Elect Wayne Harris' coming to Roanoke, but hiring him is
the equivalent to hiring a wonderful architect and not
having adequate funds at hand to build the "great house".
She stated that the City might as well hire a magician or
a second-class superintendent if it provides second-class
materials to work with. She further stated that it is
recognized that Council has many difficult tasks,
however, she, as a citizen of the City of Roanoke, is
willing to pay her property taxes and do whatever is
necessary to make the school system as good as it can be.
She advised that teachers are excited about Mr. Harris'
arrival, but inquired as to how teachers will react if
one of his priorities is not in the area of increasing
their salaries; and teacher's have waited and allowed
other projects to take priority for the school system for
a long time, therefore, 1993-94 must be the year for the
teachers. She added that smaller class sizes are needed.
She asked that the new Superintendent be welcomed to the
City of Roanoke and that he be given the necessary funds
to work with in order to send the message that Roanoke
City is the best place to live and to educate children.
Mr. Anthony F. Anderson, 838 Orchard Road, S. W.,
requested that Council give serious consideration to
fully funding the budget submitted to the City by the
Roanoke City School Board without the requirement or
necessity of a supplemental budget. He called attention
to a drastic problem with public education in the City at
the present time with the high student-teacher ratio at
205
the formative years in the elementary grade level. He
stated that approximately 52 per cent of the City's
school population is disadvantaged, and it is the
disadvantaged ~tudents that will be hurt if the budget is
not fully funded. He added that education is not an area
that taxpayers want to decrease.
Ms. Virginia G. Hopkins, 1102 Oakwood Drive, S. W.,
advised that she hopes Council will provide additional
funds for the school budget in order to hire more
teachers which, in turn, will cause class sizes to be
smaller, as well as provide guidance counselors in the
elementary schools. She stated that what the City does
for its children when they are young, especially in the
primary schools, will determine the kinds of citizens
they will become. She stated that she supports funding
to reduce the student-teacher ratio and sufficient
guidance counselors for all elementary schools,
especially in the primary grades, and advised that if the
necessary funds cannot be found, she, as a taxpayer,
would be willing to pay more taxes because the rewards
will be returned many fold.
Finn D. Plncus, Chairperson, Roanoke City School
Board, 1116 Winchester Avenue, S. W., expressed
appreciation on behalf of the School Board for past
I funding provided for the Roanoke City public schools. He
explained that recently the School Board received
notification from the City Manager that the schools will
receive an additional $86,000,00, and the funds will be
directed toward smaller class sizes in the elementary
schools, as well as the addition of guidance counselors.
Mr. Everett L. Franklin, representing the Alliance
for the Mentally Ill of the Roanoke Valley, 3406 Klm
Court, advised that the Alliance is comprised of families
and friends of the mentally ill, as well as the mentally
ill themselves, whose goal is to improve the quality of
life for those afflicted with chronic mental illness. He
called attention to the following needs of residents
suffering from chronic mental illness: (1) affordable
housing to provide a decent environment with appropriate
support and supervision to insure that relapse does not
occur; (2) case managers are needed;nO see mental health
consumers as frequently as needed their residential
setting, whether it be in the parental home, in homes for
adults, or in their own apartment; (3) emergency services
staff is needed to respond promptly where a crisis is
occurring, to collaborate with police at the site, to
support police in their efforts, and to begin assessment
of the health consumer; and (4) vocational opportunities
206
are needed for those who have an onset of mental illness
prior to completing school or establishing a vocation,
and for those who wish to return to the work force but
need assistance in doing so. He stated that Council has
the power in setting the budget for Roanoke City to
recognize these needs with dollars, and the Alliance for
the Mentally Ill requests that Council fund the level
submitted by Mental Health Services of the Roanoke
Valley, the agency responsible for delivering these
needed services.
Ms. Mary S. Allen, 1461 22nd Street, N. W., advised
that the Harrison Museum of African-American Culture and
its Board of Directors remain committed to research,
preserving and interpreting the achievements of African-
Americans in general and especially in western Virginia.
She stated that the Harrison Museum is appreciative of
the financial support provided by the City of Roanoke in
the past, and called attention to many significant
accomplishments. She noted that many visitors, including
local and out-of-state persons, have visited the Harrison
Museum, and urged that Council authorize the same level
of funding that the Museum has received in past years
which will insure successful completion of significant
future projects and goals.
Audrey M. Wheaton, Vice-President, Harrison Museum
of African-American Culture, 1202 Mercer Avenue, N. W.,
advised that the Museum will host the National African-
American Museum Association Annual Conference in the City
of Roanoke on August 25 - 27, 1993, which will attract
many visitors to the Roanoke area. She explained that a
gift shop and book store will be operated to generate
income; that a local history exhibit using oral histories
and materials collected over the years is in the process
of development; that quality exhibitions from local,
regional and national artists will be on display, as well
as loaned exhibits from other museums and cultural
centers; and operating hours for the Harrison Museum are
proposed to be expanded in order to include the weekend.
She expressed pride in the Harrison Museum, and
encouraged Council to visit the facility soon and often.
James B. Evans, representing the Virginia Musema of
Transportation, 2529 Wycliffe Avenue, S. W., expressed
appreciation to the City for its constant support of and
commitment to the Virginia Museum of Transportation. He
stated that the Museum is proud to maintain and present
numerous exhibits that are, in fact, owned by the City of
Roanoke, and members of the Museum are working diligently
to make a greater economic impact on tourism for the City
207
by creating programs, exhibits and a facility that will
provide a wide visitor appeal. He requested that Council
support the Museum's appropriation request of $75,000.00,
which is a continuation of the past level of support to
enable development of comprehensive educational programs
and activities for the City of Roanoke's school age
children in order to help them better understand
Roanoke's rich transportation heritage. He stated that
additional resources are needed to build programs that
will raise a broader spectrum for students, specifically,
to create more hands on exhibits that interpret the
principles of motion in physics and mechanical
engineering and to offer informative workshops to
demonstrate these principles. He further stated that
conducting outreach programs in the City schools will
prepare students for their visit to the Transportation
Museum, as well as educate them in a classroom setting.
He added that the Museum has a significant collection of
rare architectural drawings, films, photographs and books
which, with the City's support, will allow development of
a resource library that will provide an excellent
educational resource for teachers, students and citizens
of the Commonwealth of Virginia. He advised that the
Museum's collection includes the most comprehensive
display of diesel locomotives in the United States, as
well as automobiles, trucks, horse-drawn vehicles,
airplanes and buses, and it is a Museum that the City and
the Commonwealth of Virginia can be proud of. He stated
that in a typical year, the Museum will welcome visitors
from at least 38 states and 12 foreign countries; that
visitation figures have risen steadily over the past two
years at an annual rate of 50 per cent; and with the
City's support in the past, the Museum was able to make
significant strides in becoming a Museum of the first
quality in terms of programs, exhibits and collections.
He commented that the number of City students visiting
the Museum has doubled from last year, and approximately
600 City students will ride on the excursion train in the
next few weeks. Be stated that with Council's support of
the Museum's funding request, the Virginia Museum of
Transportation can continue to make significant strides
toward its goal of becoming an educational resource and
premier historical attraction for the City of Roanoke and
the Commonwealth of Virginia.
At 8:15 p.m., the Mayor declared the meeting in
recess.
2O8
At 8:30 p.m., the meeting reconvened in the
Exhibition Hall of the Roanoke Civic Center, with Mayor
Bowers presiding, and all Members of the Council in
attendance, with the exception of Council Member Bowles.
Mr. Christopher Craft, 1501 East Gate Avenue, N. E.,
advised that he is an 18-year old student at Patrick
Henry High School, and pointed out that teachers need
their raises. He stated that teaching is a difficult
Job, and if additional funds are needed, taxes should be
increased.
Ms. Kitty J. Boitnott, 3133 Gum Spring Street,
S. E., advised that it is time that public employees,
including teachers, are treated with the dignity and
respect that they deserve; that it is time for their
needs to be given priority; and it is time to stop
practicing a double standard that sets administrators
above the rest of the City's work force. She pointed out
that an increasing number of teachers are being forced to
seek employment "moonlighting" in order to meet their
financial obligations, and asked that Council consider
what that says about the City's priorities as a society
and as a community. She stated that teachers have
invested thousands of dollars on their education so that
they may contribute to society in a meaningful way; that
the responsibilities of teaching often require three to
four hours beyond the usual work day to attend to a
multitude of necessary tasks, yet, society places so
little value on the contributions of teachers and their
dedication, therefore, many educators are forced to seek
supplemental employment. She further stated that the
bottom line is that teachers are professionals who
deserve a professional salary, and the community should
demonstrate in a meaningful way that teachers are
appreciated for the excellent Job they do for the
children and for the City of Roanoke. She explained that
Council is in the unique position of having the power to
change the direction that has been set in the past and to
set the correct tone for the future; and if Council
Members are willing to raise taxes in order to build an
addition to the Jail and to spend public money on tourism
and projects such as Center In The Square, surely the
necessary funds can be provided to adequately fund the
schools.
J. Mason Powell, Executive Vice-President of the
Roanoke Education Association, 2225 Yellow Mountain Road,
S.E., expressed certain concerns of educational
employees and others. He stated that the Federal and
State governments are reneging on their obligations to
209
public education; that Council is frustrated that it
cannot fully fund real school budget needs without
raising taxes; and it is known how much courage it would
take for Council to increase taxes in order to adequately
fund education, as well as other needs of the City. He
further stated that teachers have seen their salaries
erode to the point where beginning teachers are paid less
than their counterparts were paid 25 years ago after
adjustment for inflation; that teachers have seen their
responsibilities skyrocket while average salaries have
dropped over the last ten years from first in the
metropolitan area to last; and upper level administrators
and officials in City government and the school system
receive inflated "perks" while the average workers
continue to watch their real wages slide downhill.
However, he pointed out that the biggest frustration is
the wholesale sellout of the students - the future of the
Roanoke Valley. He explained that most teachers enter
the profession in order to provide a service to the
community and to society, and they enjoy working with
youth and helping to educate future generations; however,
teachers fear for the future of the students because they
have watched important members of the school population
tossed aside, subjected to unconscionable delays in
testing and funding, and they have seen many more
overcrowded classrooms and under-funded
subjected to
programs, as well as lack of textbooks and supply
budgets. He added that teachers fear that students are
not being adequately prepared for the future because they
must be prepared for the increasingly technologic and
high-skilled Jobs of the future and such preparation will
require money. He stated that educational reforms need
to be implemented that will meet the needs of students
facing an increasingly uncertain future, and those
reforms will be doomed to failure if school systems do
not receive the necessary funding. He advised that since
the Federal and State governments are withdrawing funds,
it is up to City leaders to provide adequate funds if
quality education is to succeed, yet, Council has
curtailed the school system's share of the City's budget
from 48 per cent to 36 per cent, or a 12 per cent drop,
in two years. He requested that the 12 per cent be
returned to the school budget, plus additional funds.
Dr. Alice M. Inoye, 7263 Mt. Chestnut Road, spoke as
a citizen of Roanoke County. She advised that she has
two children who will be in the City schools next year,
and because of the quality of teaching in the Roanoke
City school system, she would be willing to pay for her
children to attend City schools. She stated that her son
210
was transferred to the City school system tn November
1992 because he was felt to have a behavioral problem in
his County school, and he did not fit the County's
structured mold. She further stated that in the six
months that her child has attended a City school, he has
gained a love of learning, along with a creative and
active mind. She added that there ts excellent teaching
tn the Roanoke City public school system by teachers who
listen and care and want to meet the needs of the
students. She expressed concern that teachers are forced
to work second Jobs in order to meet their financial
obligations. She added that because of the City's
diversity, the individualistic approach that City schools
offer and the attention to children with special needs,
more money should be placed in education tn order to keep
up with the cost of materials, teacher benefits and
equipment for all City schools but most important is the
need to keep up the quality of teaching staff and to
attract more teachers so that the student-teacher ratio
can be reduced. She stated that the City needs to retain
its dedicated teachers who have vision, who see their
work as more than a Job and who see the children who are
entrusted to their care as an Investment in the future,
and in order to retain teachers, competitive salaries
should be provided along with more money for books,
supplies and equipment for all schools. She requested
that Council invest appropriately in education, advising
that children are the City's number one resource and
future.
V. Diane Kelley, Executive Director, Mental Health
Association of the Roanoke Valley, P. O. Box 592,
expressed support of the request of Mental Health
Services for funds for the next fiscal year. She
explained that Mental Health Services is the community
service board that provides mental health, mental
retardation, and substance abuse services for the
citizens of the cities of Roanoke and Salem and the
counties of Botetourt, Craig and Roanoke. She stated
that the funding request submitted by Mental Health
Services was prepared in accordance with the local match
policy which calls for funding of all State-based funds
at a 90/10 ratio with local tax dollars, and the request
of Mental Health Services represents the amount of funds
necessary to maintain all programs at the current level
of service. She noted that Mental Health Services
provided mental health, mental retardation and substance
abuse treatment or counseling services to 4,600 Roanoke
City residents during the fiscal year ended June 30,
211
1992, the value of such services being $5,752,176.00
which represents $18.76 in services for each local
matching dollar provided by the City. She noted that for
fiscal year 1993, Roanoke City allocated $315,352.00 to
Mental Health Services, and the organization has
requested an allocation of $417,144.00 for fiscal year
1993-94, advising that appropriation of a lesser amount
will Jeopardize State funds and existing service
delivery. She pointed out that the unmet needs of
clients throughout the system are staggering, and society
cannot continue to deny services to individuals with
mental disabilities that will enable them to live
successful lives.
Ms. Susan B. Lowe, 3209 Paisley Avenue, S. W., spoke
as a parent and as a concerned citizen and advised that
teachers hold the future of the City of Roanoke in their
hands; therefore, they should have an opportunity to
receive fair and competitive wages for the services they
perform. She stated that children are the City's number
one priority, and requested that the school budget not be
decreased and that salaries in Roanoke City be increased
so that teachers will receive a fair and competitive wage
in the Roanoke Valley.
Dr. Cheri W. Hartman, member of the Board of Mental
Health Services of the Roanoke Valley, 2423 Stanley
Avenue, S. E., advised that the people who are served by
Mental Health Services are those persons who require a
great deal of courage because the mentally ill have a
handicap that is invisible and more crippling than any
other physical limitation. She stated that persons with
mental illness have a no-fault brain disease; that they
need more than Just courage to cope; and they need
facilities such as Mountain House, case managers,
emergency services and mental health services. On behalf
of these citizens, she requested that Council fully honor
the funding request of Mental Health Services of the
Roanoke Valley.
There being no other persons who wished to be heard, the Mayor
declared the special meeting adjourned at 8:50 p.m.
APROVED
City Clerk
Mayor
212
COUNCIL .... PUBLIC INTERVIEWS OF SCHOOL BOARD APPLICANTS
April 29, 1993
6:00 p.m.
The Council of the City of Roanoke held public interviews with
five candidates for the position of School Board Trustee on
Thursday, April 29, 1993, at 6:00 p.m., in the City Council
Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, with Mayor David A. Bowers presiding.
PRESENT: Council Members Elizabeth T. Bowles (arrived at
7:25 p.m.), Beverly T. Fitzpatrick, Jr., James G. Harvey, II,
Delvis O. McCadden, Howard E. Musser, William White, Sr., and
Mayor David A. Bowers 7.
ABSENT: None-
Oe
OFFICERS PRESENT: Mary F. Parker, City Clerk.
SCHOOL BOARD APPLICANTS PRESENT: Finn D. Plncus, Charles W.
Day, H. Joel Kelly, Paul E. Corn and Patricia W. Witten.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
SCHOOLS: The Mayor advised that on June 30, 1993, the terms
of Finn D. Pincus and Charles W. Day as Trustees of the Roanoke
City School Board will expire. He further advised that the purpose
of the meeting is to interview five candidates for the upcoming
vacancies.
The Mayor called attention to the following actions which were
taken by Council, pursuant to provisions of Chapter 9, Education,
Code of the City of Roanoke, 1979, as amended:
At regular meetings of the City Council held on
January 25 and February 1, 1993, Council announced its
intention to elect Trustees of the Roanoke City School
Board for terms commencing July 1, 1993.
Advertisements were placed in the Roanoke Times and
World-News inviting applications for the upcoming
vacancies. Five applications were received in the City
Clerk's Office prior to the 5:00 p.m., deadline on
Wednesday, March 10, 1993.
213
On March 15,
reception with
public.
1993, at 12:30 p.m., Council held a
the candidates which was open to the
On March 22, 1993, at 2:00 p.m., Council, as a Committee
of the Whole, reviewed and considered all applications.
At the regular meeting of City Council on Monday,
April 12, 1993, at 7:30 p.m., Council voted to interview
five persons. 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 candidates.
Those candidates who were to be accorded the public
interview were notified by the City Clerk on April 15,
1993.
A notice was published in the Roanoke Times and World-
News on Thursday, April 15, 1993, inviting attendance at
a public hearing on Monday, April 26, 1993, at 2:00 p.m.,
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., on Tuesday, April 22,
1993, however, no questions were submitted.
The Mayor stated that the selection process provides that
Council will publicly interview each candidate separately and out
of the presence and hearing of the other candidates, advising that
Section 9-21, Public Interview of Candidates, of the Code of the
City of Roanoke (1979), as amended, provides, in part, that
interviews of the candidates shall take place in an order deemed
appropriate by City Council; whereupon, the Mayor explained that
the City Clerk had scheduled the interviews in the following order:
6:00 p.m. - Finn D. Ptncus
6:30 p.m. - Charles W. Day
7:00 p.m. - H. Joel Kelly
7:30 p.m. - Paul E. Corn
8:00 p.m. - Patricia W. Witten
Mayor Bowers pointed out that each candidate would be given
the opportunity to make an opening statement of not more than five
minutes, and thereafter, Council would ask such questions, as
Council, in its discretion, deems advisable. He explained that
five interviews would be held and each interview would consist of
approximately 30 minutes, advising that after each interview was
completed, the candidate could leave the Council Chamber inasmuch
as no action would be taken by the Council.
In conclusion, the Mayor advised that on Monday, May 10, 1993,
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
upcoming vacancies on the Roanoke City School Board.
The f~rst..person .tO.be interviewed was Finn D. Pincus.
Mr. Pincus expressed appreciation for the opportunity to serve
as a member of the School Board, advising that three years ago
Council had the confidence to entrust in his care the education of
the City's children, the City's most precious asset. He stated
that it has been an honor to serve on the School Board along with
Vice-Chairperson Charles W. Day, and they have enjoyed a good
working relationship and have had the opportunity to accomplish
numerous educational initiatives. He explained that during his
three year term, he has provided leadership and direction to the
School Board in developing educational programs that serve the
needs of the average and the at-risk student; that he is committed
to the philosophy of ensuring that all children in the City's
diverse and unique school division receive the educational
assistance necessary for them to become productive citizens, and
his experience as Director at ECPI Institute allowed him to gain a
further understanding of student needs and industry expectations,
and provided motivation to insure that Roanoke's students will
receive the best preparation in a quickly evolving, technical
world. He stated that if City Council elects to continue his
leadership on the School Board, his prime educational goal for the
next three years will be to guide and assist the new School
Superintendent in preparing all students for the demands of the
twenty-first century. He further stated that during his first
term, the Board achieved a number of educational goals that
recognize the importance of serving and challenging the average
student; that the kindergarten program was expanded from one-half
day to a full day program which has resulted in significant
increases in the readiness levels of primary grade students; that
as a member of the Business and Technical Education Council, he has
guided the School Board in expanding career opportunities for
students who will not pursue a college degree; that the Business
and Technical Education Program was revitalized through the
addition of high-tech and computer courses; and student enrollment
has dramatically increased in courses that provide sophisticated
skills. He added that resource expansion in the Business and
215
Technical Education curriculum has included additional teachers,
more computers and integration of the Governor's School with
technical education. He noted that children with special needs
have been a primary interest, advising that these children deserve
the system's best efforts and highest commitment; that his personal
goal is that these individuals will be afforded the same
opportunities for a quality of life that all persons should enjoy;
and his involvement in this area goes beyond School Board
activities. He pointed out that he was instrumental in organizing
and directing the Special Olympics Track and Field Meet for the
City's students for the past two years, which was hosted at Roanoke
College, advising that there is nothing more rewarding than seeing
the glow on the face of a child when a medal for athletic
achievement is draped over his or her head; and one of the high
honors he received was the designation of Special Olympics
Volunteer of the Year for 1992. He explained that he is committed
to the concept of neighborhood schools, advising that with
Council's support, the School Board has completed two-thirds of the
renovations of the elementary schools project, with remaining
elementary schools to be completed by 1995. He stated that it is
imperative to maintain and improve all neighborhood schools and not
Just those that have recently been renovated inasmuch as
neighborhood schools have proven to be a key element in attracting
and retaining young couples in the City. He pointed out that his
experience with the school renovation project will be of great
assistance to the new Superintendent and to City Council in
successfully initiating the planned modernizations of the oldest
middle schools. He advised that the highlight of his term as
Chairperson was the successful completion of the Superintendent
search process, and one of his major goals was to substantially
improve communication and involvement of citizens, parents and
employees in the functioning of the school division. He stated
that the Superintendent's selection was the culmination of the
search procsss that he promoted during his initial term, which
process evolved over a period of six months with over 1,000
parents, teachers, students and citizens providing input to the
School Board during the search process, the end result of which was
the selection of a new Superintendent with special qualifications
and an overwhelming acceptance by the community. He explained that
as liaison between the School Board and the Superintendent-Elect,
a strong professional relationship has developed; that it is
critical to the smooth transition of the school division to a new
administration that Council continue his leadership on the School
Board; and he welcomes the opportunity to work with the
Superintendent-Elect in preparing the school district for the
challenges of the year 2000.
216
Vice-Mayor Fitzpatrick asked the following question:
QUESTION: If reelected to the School Board, what would be
your number one goal as a member of the Board in the next three
years?
ANSWER: Mr. Pincus responded that in terms of a global goal,
his biggest challenge would be to build on to the present
foundation. He stated that the City continues to change; that its
diverse student population continues to become more diverse, and
the system must roll with the changes and be able to meet the
needs. More specifically, he further stated that a number of
programs have been in place that have been developed over many
years; that there are tight financial constraints with numerous
needs, yet, with limited funds, the biggest challenge will be the
evaluation of these programs to determine which ones are working
well and which ones need to be finetuned.
Mr. Harvey asked the following questions:
QUESTION: What changes do you
administration of the City school division?
foresee in the new
ANSWER: Mr. Plncus responded that no two people have the same
managerial style; and like any organization of 1,600 to 1,700
employees, there will be certain difficulties in terms of
individuals who are accustomed to an individual who has operated
the system for 12 years as opposed to a new administrator. He
stated that the new Superintendent-Elect has been requested to
commence his work even though his contract does not take effect
until July 1; and the new Superintendent communicates with
administrators by mail and by FAX in an effort to raise the comfort
level of staff and help them to realize that there will not be
drastic changes that will cause concern or difficulty. He
explained that the School Board sought an individual who could work
well in terms of dealing with people who might be accustomed to
dealing with Dr. Tota's management style, who would be able to
bring them over to his management style, advising that the
management style of the Superintendent-Elect is one of a listener,
yet, at the same time, he has a strong personality and will be able
to lead the administration. He stated that the School Board will
be supportive of the new Superintendent; that he is an individual
whose educational philosophies are in tune with Roanoke's, whose
educational background is strong with a Doctorate in Urban
Education from Harvard University, and he is knowledgeable on
latest research in terms of what works and what does not work in a
school division.
QUESTION: What was the most important criteria that you used
in selecting the new Superintendent?
217
ANSWER: Mr. Pincus advised that the new Superintendent had to
be a person who possessed the necessary educational and work
background, who could be diplomatic and work well with people.
r. McCadden asked the following questions:
QUESTION: What relationship should exist between School Board
Trustees and City Council Members?
ANSWER: Mr. Plncus advised that there should be strong
communications, and it is the task of the School Board to insure
that Council is aware of educational problems and needs. He stated
that as School Board Chairperson, along with Mayor Bowers, strides
have been made for the two bodies to meet more often which is a
trend that he hopes will continue in the future.
QUESTION: What did you do to prepare for possible
reappointment to the School Board, and what unique qualities do you
bring to the School Board?
ANSWER: Mr. Plncus advised that in preparation for his
interview, he read the minutes of last years' questions and
reviewed a variety of materials about the school system; that he
devoted considerable time in preparing his notes, and he encouraged
certain individuals to contact Members of Council in support of his
reappointment. He stated that insofar as his qualifications, as
Chairperson of the School Board, he assumed the responsibility of
working with semi-finalists and finalists for the position of
School Superintendent, and he has worked with the Superintendent-
Elect since his selection. Also, he pointed out that he has a
Masters Degree in Counseling and Student Personnel, a Masters
Degree in Business Administration with an emphasis in marketing and
finance; and he is currently pursuing his Doctorate in Educational
Administration. In addition, he added that he works with students
at Roanoke College as a track and cross-country coach, for six
years he worked at ECPI Institute where he served as Director and
Assistant Director working with students in a private, technical
educational setting, and that particular mix of business and
education is quite unique.
Mr. Musser asked the following question:
QUESTION: What is a possible solution to the high student-
teacher ratio?
ANSWER: Mr. Ptncus responded, that latest research shows that
a lower student-teacher ratio is a direct way to improve student
test performance and is a matter that the School Board focused on
last year and this year with the additional funds approved by
Council in an effort to lower class sizes, especially at the
elementary school level. He expressed the hope that funds will be
218
freed up when current programs are evaluated because in order to
change the student-teacher ratio, more teachers need to be brought
into the school district which can only be accomplished by changing
priorities and providing more funds.
Mr. White asked the followtnq.questtons:
QUESTION: What do you perceive as the ideal level of nurses
tn the schools?
ANSWER: Mr. Pincus advised that the State suggests one nurse
per 1,000 students, and Roanoke City currently has the equivalent
of four nurses which are serving only those students in Chapter I.
He stated that meeting the State's-suggestion is a minimum, and
Roanoke City will reach that goal within three years, at which time
the system will need to reassess the situation and determine if
more nurses should be added in some areas of the City where there
are greater needs. He called attention to a program with Cartlion
Health System in which health centers will be established in the
schools to help meet the medical needs of students.
QUESTION: How do you feel about the role of the schools in
taking on some of the responsibilities of the home, the church, and
social service agencies, etc.?
ANSWER: Mr. Pincus responded that the goal of the school
system is to meet the educational needs of students regardless of
how the student may come to school in terms of whether they are
dressed adequately, or have medical problems, or have nutritional
problems, and the school must meet those needs before the learning
process can begin. He added that if a parent cannot, or does not
meet the needs of the child, it is a burden that the schools must
bear. He pointed out that a child has to be made ready to learn
which may mean providing breakfast, or providing a social service
that will ready the child, both emotionally and physically, for the
learning experience.
Mr. Fitzpatrick asked the following questions:
QUESTION: There was a segment on a local television news
report recently in which you made a statement that City Council
wanted a first-class school system, but was only willing to pay for
a mediocre system. What motive did you have in making such a
blatant statement when an effort, is being made to establish a
better relationship between City Council and the School Board?
ANSWER: Mr. Pincus responded that his comments were not
intended to mean that Council has not adequately funded public
education in this community because he realizes that as an urban
area, there are a great deal of needs that make fiscal decision-
making most difficult. He advised that his remarks regarding
219
mediocre funding were primarily directed at State and Federal
decisionmakers, and called attention to the frustration that
Council Members and School Board Members face when State and
Federal governments place mandates on localities without adequate
funding.
Mayor Bowers asked the following questions:
QUESTION: Was it a good decision to retain the neighborhood
elementary schools, and how would you assess the City's elementary
schools?
ANSWER: Mr. Pincus advised that it was a wise decision to
continue the operation of elementary schools in the neighborhoods.
He called attention to construction currently underway at Virginia
Heights Elementary School, and it is planned to renovate Wasena and
Morningside Elementary Schools in the near future. He explained
that the population growth of City students is occurring in the
elementary schools, with some of the largest classes at the
kindergarten and first grade levels. He stated that younger
citizens are moving into the community and, as a result, there are
more elementary school students; and the decision to keep the
neighborhood elementary schools open was a good move on Council's
part.
The second person to be interviewed was Charles W. Day.
Mr. Day referred to the schools as a four-legged school with
each of the four legs connected by supporting rods, and with the
seat of the stool representing the four components of what school
is about; i.e., (1) basic skills; (2) thinking skills; (3) academic
skills and content; and (4) life skills that enable human beings to
lead a productive personal and social life. He explained that each
leg of the stool supporting the seat represents important elements
of learning; that the first leg represents the student and learner,
the second leg represents the student's home and its environment,
the third leg represents the student's peer group and selected
culture factors, and the fourth leg represents the school, its
personnel, program, culture and climate. He advised that pride
should be enforced in public schools, the purpose of which is to
sell the positive aspect of public schools to business, parents,
teachers and the community, as well as to local, State and Federal
governments. He pointed out that currently the City is faced with
some of the greatest challenges in education - accountability,
pride, meaning of education, and equality throughout. He stated
that the system is being challenged and educational leaders must
respond, advising that Roanoke has the best school buildings, the
most highly trained teachers, highly skilled administrators, the
most talented and gifted students, supportive parents, and wide
support from all constituents of Roanoke City and the Roanoke
Valley. He called attention to the need for reinforcement of
22O
positiveness and a redirection of negativity. To summarize, he
stated that such directiveness is the power of individual persons
to choose what to think, how to feel and how to act at any given
moment, and such directiveness can only be nurtured and developed
in a positive and caring environment.
Mr. Harvey asked the following question:
QUESTION: What actions can be taken by the School Board to
ease the transition of the new School Superintendent into his
position?
ANSWER: Mr. Day advised that it is paramount for the School
Board to work with the new Superintendent on his educational
philosophy for the school district, and to be willing to serve as
a checks and balances system, to be professional enough in order to
have a meeting of the minds and to be able to accept that there may
be differing opinions and still be able to carryon the work of the
school system realizing that the students are the number one
priority. He called attention to the importance of having good
intelligence reports on changing trends in education, changing
trends in the behavior of young people, what the system can do to
make current up-to-date assessments of their needs and to place the
needs of the students as the number one priority.
Mr. McCadden asked the following question:
QUESTION: What relationship should exist between School Board
Trustees and City Council Members?
ANSWER: Mr. Day advised that the School Board and City
Council should have a relationship of mutual respect and
cooperation, with a goal to work as a team for the betterment of
the young people of the City of Roanoke. He stated that when it is
necessary to hold a meeting, the two bodies should come together
and engage in dialogue on the needs of the school district, as well
as the needs of the City, in order to reach a meeting of the minds.
He added that the current trend of periodic meetings has provided
a good working relationship which should be continued in the future
in order to be successful and to have a high efficiency rate.
Mr. Musser asked the following question:
QUESTION: How do you think the teacher-pupil ratio could be
reduced?
ANSWER: Mr. Day called attention to the need to motivate
young people to study hard and to achieve to their highest ability
level which will reduce the number of failures because it is
expensive to the student and to the school district when students
221
fail. He added that reducing the failure rate would help at a
later date to decrease the size of classes, as well as monetary
considerations to teachers for teaching a second class; and
expenses incurred by students, the educational system and parents
alike would represent a considerable savings. He stated that due
to tight fiscal policy, it is necessary to concentrate on
efficiency with the present class sizes and look to the future for
further reduction.
Mr. White asked the followinq questions:
QUESTION: What do you perceive as the major strengths and the
major weaknesses of the Roanoke City school system, and what can be
done in the short term to build on the strengths and to improve on
the weaknesses?
ANSWER: Mr. Day responded that the strength of the system
rests with a talented teaching staff, gifted and talented students,
talented administrators and good support from the community. He
stated that an awareness of the system should be created, along
with a philosophy that calls for further improvement, which will
tend to eliminate many weaknesses. He called attention to the
importance of efficiency and creating a bond between students to
insure that they understand why schools are provided by the
taxpayers and to instill pride in education in order for young
people to believe that they are important and that they can achieve
because not all students believe in themselves.
QUESTION: What is your position with regard to increasing the
number of nurses in the schools, and how important is this function
to the school system?
ANSWER: Mr. Day responded that nurses are needed and should
be a high priority, and more research should be done to determine
if there could be certain trade-offs.
Mr. Musser advised that Council is constantly being placed in
a negative light when it comes to its attitude toward public
education, and he would hope that a bonding will occur some time in
the near future. He stated that not a single Member of Council is
anti-education.
Mr. Fitzpatrick asked the followinq questions:
QUESTION: If reelected, what would be your number one goal
during your second term as a member of the School Board?
ANSWER: Mr. Day responded that his number one goal would be
to increase the level of motivation among young people.
222
QUESTION: What is the most significant challenge facing the
Roanoke City schools in 19937
ANSWER: Mr. Day responded that the biggest challenge will be
to adjust to new leadership.
QUESTION: How many of the 31 City schools, including CITY
School and the Governor's School, have you visited during your
three year tenure as a member of the School Board?
ANSWER: Mr. Day advised that at some point he has visited all
of the City schools.
Mayor Bowers asked the following questions:
QUESTION: Was it a good decision to retain the neighborhood
elementary schools, and how would you assess the City's elementary
schools?
ANSWER: Mr. Day advised that Council acted wisely by re-
enforcing the concept of neighborhood schools because neighborhood
identity was created by localizing students; and remodeling of the
schools has been an attractive addition to the neighborhoods and to
the City as a whole. He added that Council was 100 per cent
correct in its actions, and he has not talked with a single parent
who has disagreed with Council's position.
At 7:00 p.m., the Mayor declared the meeting in recess.
At ?:10 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance, with the exception of Council Member Bowles.
~he .third person ~9. be interviewed was H. Joel Kelly.
Mr. Kelly advised that he appeared before Council with seven
years of experience as a community advocate for the disadvantaged
and disabled and as a citizen with no ties to any school or
organization. He stated that he could bring to the School Board an
objective view; and as an average citizen, he would listen, speak
and act on behalf of all citizens and not Just the privileged few.
He added that it is not necessary for one to have a child enrolled
in the public school system to feel the after affects of problems
that can be traced directly, or indirectly, back to the schools.
He stated that high school dropouts, functional illiterates,
unemployable graduates and teenage pregnancies are costing Roanoke
City taxpayers money because money has to be spent for support
services, as well as welfare and Jail space; and if only a fraction
of the abovementioned problems were prevented, taxpayers would be
saved millions of dollars. He explained that for each dollar spent
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on education, $10.00 will be received in return; and for each
dollar that is not spent on education, the City will lose $10.00.
He called attention to the need for greater community commitment,
extensive involvement by parents, smaller classrooms, more teachers
aides, Job training programs starting in the middle schools, and an
increase in salary for teachers and staff personnel. He added that
additional funds could be obtained through a special tax to be used
exclusively by the school system, such as a one-half cent sales tax
or a one cent per gallon local gasoline tax. He stated that his
appointment would bring a truer representation of the community to
the School Board; and his knowledge of the community would help to
guide the new Superintendent and others to bring a common sense
approach to the School Board.
Mr. McCadden asked the following questions:
QUESTION: What relationship should exist between School Board
Trustees and City Council Members?
ANSWER: Mr. Kelly advised that the School Board and Council
should have an amicable and close relationship because what goes on
in the schools also effects what goes on in the community. He
stated that when a school has a high dropout rate and low morale
because of inadequate salaries for teachers, that is a reflection
on the entire community; and if many students pursue a college
degree or are employable because they have been certified to a
vocational Job training program, that, too, automatically impacts
the community.
QUESTION: What unique qualities would you bring to the School
Board?
ANSWER: Mr. Kelly responded that he is tuned in with regard
to what goes on in the community and ignoring the community aspect
of education is a mistake.
At this point, 7:25 p.m., Mrs. Bowles entered the meeting.
Mr. Musser asked the following questions:
QUESTION: How do you view current programs relative to the
new Superintendent and whether he will continue these programs?
What programs would you like to see initiated?
ANSWER: Mr. Kelly advised that there is an imbalance of
programs. He referred to the Magnet Programs that received funding
and attention, however, there are certain programs that received a
slow start, such as programs to help disadvantaged students which
are either fragmented or take years to implement. He stated that
with his experience and with the new Superintendent's experience in
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working with at-risk students, it is hoped to speed up the process
in order to have a more balanced program in the coming years.
Mr. White asked the following guestions:
QUESTION: What do you perceive to be the major strengths and
the major weaknesses within the school system; and if appointed to
the School Board, what would you do to build on the strengths and
to reduce the weaknesses?
ANSWER: Mr. Kelly advised that the Magnet School programs
help disadvantaged students and the school system should expand
these programs. He stated that programs providing vocational and
occupational training skills should be increased which will
eliminate the problem of unemployable students who do not choose to
go on to college, but instead will go directly into the work force
while at the same time helping to improve the City's economy. He
noted that the median income for Roanoke City is approximately
$28,000.00; and if there can be more good programs to balance out
the disadvantaged programs, there will be less disadvantaged
students in the future, as well as an increase in the number of
students who will be able to go directly into the work force upon
graduation from high school. He stated that a major weakness in
the Roanoke school system is the lack of interest from the
community.
QUESTION: Are you of the opinion that there should be more
nurses in the schools, or is the current level of nurses adequate?
ANSWER: Mr. Kelly spoke in support of nurses in the schools,
especially during this day and age of child abuse, increase in
drugs and other problems, and the inability of parents to provide
proper medical care so that students are ready to begin the
learning process.
Mr. Fitzpatrick asked the following questions:
QUESTION: If you are elected to the School Board, what will
be your number one goal for the next three years?
ANSWER: Mr. Kelly advised that his number one goal would be
to reduce the number of disadvantaged students. He stated that two
years ago, the percentage of disadvantaged students entering the
system was 40 per cent, and currently, the level has risen to 50
per cent. He added that it may take ten years to reduce the number
of disadvantaged students, but the more the system does, the better
off the community will be.
QUESTION: What is the most important challenge facing the
Roanoke City Public Schools?
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ANSWER: Mr. Kelly advised that the most important challenge
today goes beyond Roanoke City and beyond the boundaries of the
Com~onwealth of Virginia. He stated that the United States is
behind other industrial countries insofar as competing, both
nationally and internationally, which is the reason he suggested
Job training and vocational type programs to enable more students
to live in a more modern society.
Mr. Harvey asked the following questions:
QUESTION: If appointed to the School Board, what would be
your role in assisting the new Superintendent?
ANSWER: Mr. Kelly advised that his role would be to help the
new Superintendent learn which areas of the community are working,
to help him gain information about current programs and which
programs work, and to enable the new Superintendent to use his
knowledge and expertise to resolve the problems so that the school
system will prosper.
QUESTION: Hypothetically, if you are a member of the School
Board and you learn that the Board has received an additional
$100,000.00 to be used in the following areas, which area would you
rank highest; i.e., (1) increase teacher salaries, (2) lowar the
teacher-pupil ratio in the classrooms, or (3) additional nurses?
ANSWER: Mr. Kelly responded that he would devote a large
portion of the funds for more school nurses, and a portion for an
increase in teacher salaries, with the remainder to go toward
lowering the teacher-pupil ratio in the classroom.
Mrs. Bowles asked the following questions:
QUESTION: How would you be helpful to the disadvantaged in
the community by serving on the School Board?
ANSWER: Mr. Kelly responded that as a result of his
experience and knowledge, he could relate to the disadvantaged
because he is familiar with their needs. He stated that by working
with the new Superintendent and at-risk students as a team, along
with his knowledge of the citizens of the community, as well as a
knowledge of which programs are successful, he could be an asset to
the School Board in reducing the number of disadvantaged students.
QUESTION: How would you carry out parental involvement?
ANSWER: Mr. Kelly advised that parental involvement could be
implemented through new programs such as community centers and
other programs that are relatively simple in concept.
226
~ayor Bowers asked the following questions:
QUESTION: Was it a good decision to retain the neighborhood
elementary schools, and how would you assess the City's elementary
schools?
ANSWERt Mr. Kelly advised that it was a good move on the part
of the City to retain and modernize the elementary schools
because if the schools are closed, neighborhood values will
decrease. He stated that he is an advocate of community centers as
a part of the neighborhood, and added that for a city the size of
Roanoke, there are not enough elementary schools.
~he fggrth person, to be interviewed was Paul E. Corn.
Mr. Corn advised that he may be the least known of the five
candidates at this point, and he would like to use his five minutes
to introduce himself. He stated that he started out as a high
school English teacher and earned tenure as a Professor of
Education at Old Dominion University where he taught public school
administrators, teachers and guidance counselors. He further
stated that he served as an elementary school principal for eight
years at different schools; that he spent six years as Director of
Research and Development on a Superintendent's staff, and he worked
on Virginia Department of Education Consortiums dealing with
Standards of Quality, competency objectives for high school
graduates and citizenship competency testing. He explained that he
wrote and developed tests for performance-based objectives for one
specific school system, grades K - 8, in all subject areas; and he
annually updated the long-range and six-year plan for the school
division and presented a number of proposals over the years for the
School Board for which he worked. He stated that in retirement, he
has been active in educational consulting and in December 1992, he
completed a study for a School Superintendent regarding the new
Americans with Disabilities Act in which he pinpointed school site
modifications which should be considered in the Superintendent's
proposed 1993-94 budget and thereafter. He pointed out that for
three years, he evaluated first year teachers in the Roanoke Valley
for the Department of Education at Virginia Tech, and on more than
one occasion, he has been in classrooms at William Fleming and
Patrick Henry High Schools and most, if not all, of the elementary
schools in the City of Roanoke. He stated that he holds a Bachelor
of Science Degree, a Master of Science Degree, and a Ph.D in
Education, and he is certified as a secondary teacher, elementary
school principal, and School Superintendent in Virginia. He
advised that money and budgets must come first because many
citizens see education only through dollar signs, however, the
problem in education cannot be solved Just by investing money. In
connection with teacher pay, he stated that the pay in Roanoke City
should be equal to the compensation in Salem and Roanoke County,
and a cooperative venture should be undertaken to standardize pay
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in the Roanoke Valley, not only for the beginning teacher, but at
the experiential steps on the salary scale. He advised that next
to a viable, supportive family unit, the teacher is the most
important ingredient in the successful education of young people;
that teaching is an art and not a science; and teachers should not
be made to teach according to some lock step methodology, however,
they should be held accountable for the results of their teaching.
He explained that he believes in outcome based education if the
outcomes are stated specifically and measurably, and if teachers
are told what they are expected to achieve, they will deliver. He
noted that curriculum must be developed based upon input from as
broad a base as possible, approved by the community, safeguarded by
the administration and taught by the teachers, advising that while
teaching methods may be the choice of the teacher, which helps to
insure originality in teaching, the curriculum is not the choice of
the teacher. In connection with administration, he stated that
site-based management, which the Superintendent-Elect has stated
that he believes in, is preferable to micro-management from the
top. He added that he has never seen a school that did not have
unique strengths that needed to be preserved or weaknesses that
needed to be corrected; and the people at the school site see these
points most clearly and should address them in the school
improvement plan and budget. He stated that School Board Members
should have the integrity to make the decisions that they know to
be the best for the learner, rather than taking a public
temperature of each issue, and Board Members should not report
their individual dissent with Board decisions or with the
Superintendent through the news media. He added that the School
Board must remain loyal to the highest stated standards, proposals,
goals and objectives that are listed in the Virginia Standards of
Quality which should also be reflected in the budget and the Six-
Year Plan. He noted that a constant state of change does not mean
that education is being improved upon, and all change should rest
upon a foundation of definable need and be expected to yield a
predictable improvement.
Mr. Musser asked the followinq questions:
QUESTION: How do you feel about current programs, and what
suggestions would you offer for new programs next year?
ANSWER: Mr. Corn advised that he recently moved to Roanoke
and is not overly familiar with programs, however, each year
programs should be evaluated. He stated that programs are not
necessarily put in place forever; that programs designed to enhance
learning usually run their course in about five years, however,
there are some programs that have to be continuous because they are
mandated at the Federal and State levels. He added that each year
228
when the budget is prepared, programs should be reviewed that may
need to be modified, deleted or replaced in order to move education
forward. He explained that the question is difficult to answer
because a specific program was not mentioned.
Mr. White asked the followinq questions:
QUESTION: What is your perception of the major strengths and
the major weaknesses within the Roanoke City school system based
upon your knowledge as a consultant and based upon the knowledge
you have gained in preparation for your interview?
ANSWER: Mr. Corn advised that his impression is that the
School Board employed Dr. Tota with some specific agenda items in
mind and he has accomplished some overwhelming changes. He stated
that he would not be applying for a position on the School Board
had it not been for the selection of a new Superintendent, advising
that with the new Superintendent, there is a chance for healing in
the Roanoke City public schools; that the new Superintendent will
arrive with an objective outlook; and as a School Board candidate,
he would want to come on board with an objective outlook as well.
He stated that he does not have a hidden or personal agenda
relative to specific changes. He explained that preparing a budget
consists of a year's process working together as a team, and he
would not want to have too many preconceived impressions at the
time of arrival of a new Superintendent.
QUESTION: What is your position with regard to nurses in the
schools?
ANSWER: Mr. Corn advised that it would be nice to have a
nurse on school premises which enables teachers and administrators
to give more attention to the task of teaching. He expressed
concern that nurses are limited in what they can do for a child in
the school system and stated that he did not feel strongly either
way.
QUESTION~ Do you view the problems facing urban school
districts to be any different from the problems facing suburban and
rural school districts?
ANSWER: Mr. Corn advised that over the years there has been
an over-centralization which has made some schools almost
unmanageable and untenable. He stated that country schools do not
have the same problems as city schools, and whether the school is
in a town or a city, or in the country, makes as much difference as
the size of the school. ·
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Mrs. Bowles asked the following questions:
QUESTION: How important are guidance counselors at the
elementary school level?
ANSWER: Mr. Corn responded that guidance counselors would
depend upon priorities and the amount of available funds. He
stated that guidance counselors must be included at the secondary
level, and it would be preferable to have them at the elementary
schools because they basically work with parents to solve certain
problems, in turn, which enables the teacher to teach, rather than
to deal with parents on a counseling basis. He added that if the
school has numerous disadvantaged students, a counselor would be an
asset, however, some schools may only need a part-time counselor.
QUESTION: If elected to the School Board, would guidance
counselors be an important part of your agenda?
ANSWER: Mr. Corn responded that guidance counselors would be
an important agenda item to be discussed in light of all other
priorities to be considered.
QUESTION: In your application, you stated that curriculum
should be approved by the community. How would you go about having
curriculum approved by the community?
ANSWER: Mr. Corn explained that there could be a curriculum
committee composed of parents and volunteers from the various
schools, advising that once curriculum is approved by the
committee, advertisements could be placed in the newspaper
informing citizens that curriculum information would be available
for public inspection for a specific period of time at a certain
location, after which specified period of time, such curriculum
could be enacted.
Mr. Fitzpatrick asked the following questions:
QUESTION: What would be your number one goal as a member of
the School Board, and what is the most important challenge facing
the Roanoke City public schools?
ANSWER: Mr. Corn advised that his number one goal centers
around the fact that a position on the School Board is the one
civic responsibility that his training and experience has given him
a certain amount of expertise to do well. He added that with the
coming of a new Superintendent, he would like to hear his goals and
objectives before interjecting his own; however, his goal would be
to work as an effective team member in order to develop the school
system. He stated that the most important challenge is to allow a
time for healing in the school system, advising that on the heals
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of a Superintendent who arrived and wielded a certain amount of
heavy power and made heavy changes, time is needed to take a breath
of air and to take advantage of the good changes, as well as time
to undo certain unfavorable changes.
Mr. Harvey asked the following questions:
QUESTION: What role would you play in assisting the new
Superintendent, and how do you perceive the Board as a whole?
ANSWER: Mr. Corn advised that he would like to be objective
and open minded and have as clean and clear a start as the new
Superintendent. He stated that he would like to work on committees
in order to study programs; that there are many teachers who are
unhappy because surrounding Jurisdictions pay more than Roanoke
City, and he would be interested in serving on a committee to deal
with the issue because happy teachers are better teachers. He
expressed an interest in reviewing curriculum to determine if there
are performance-based objectives at every grade level, and he would
like to insure that Roanoke City follows the Standards of Quality
established by the State Department of Education. He expressed
concern about the February 1993 draft of the Virginia Common Corps
of Learning which should be more specific. He stated that if
teachers are told concisely and specifically what they are expected
to achieve, they will deliver. He advised that he would be willing
to serve on any committee that the Superintendent would request his
service; and he would do his best to serve as a team player.
QUESTION: Hypothetically, if you are a member of the School
Board and you learn that the Board has received an additional
$100,000.00 to be used in the following areas, which area would you
rank the highest; i.e., (1) increase teacher salaries, (2) lower
pupil-teacher ratio in the classroom, or (3) additional nurses?
ANSWER: Mr. Corn advised that his answer would depend upon
how many nurses are currently on staff, to what extent the
classrooms are overcrowded and how underpaid are the teachers. He
stated that each area represents a problem, however, he would be
inclined to use the additional funds to lower the student-teacher
ratio.
Mr. Musser asked the following question:
QUESTION: If you have two teachers, each qualified to teach
grades K - 6, with one teacher holding a Masters Degree and one
teacher holding a Bachelors Degree, where would you place the more
highly educated and more experienced teacher?
ANSWER: Mr. Corn stated that the more highly educated teacher
is not necessarily the best teacher, advising that there are more
misplaced teachers in the school system than incompetent teachers.
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He stated that as a principal, he assigned teachers so that they
could excel according to their teaching abilities. He added that
he would have to determine which level of teaching the teacher felt
the most comfortable with, and noted that the best teachers should
be assigned to the primary and elementary grades in order to build
a strong foundation for the children.
Mr. McCadden asked the following questions:
QUESTION: What relationship should exist between School Board
Trustees and City Council Members?
ANSWER: Mr. Corn pointed out that the relationship between
Council and the School Board should not be adversarial, advising
that the School Board is charged with the responsibility of
developing the best possible budget for the best possible school
system; that Council is responsible for providing funds; and the
School Board develops priorities and makes the best school system
possible within budget limitations. Howevert he stated that
Council must look at the broad picture, advising that Council's
position and the School Board's position is almost identical in
that the Roanoke Education Association expects the School Board to
Jump over tremendous hurdles to provide for their needs, and the
School Board expects Council to do likewise; and the worst thing
that could happen is that the two groups could become involved in
an adversarial mode.
QUESTION:
School Board?
What unique qualifications would you bring to the
ANSWER: Mr. Corn responded that he has broad experience in
education dating back 34 years from pre-school to graduate school.
He stated that he has a "love-hate" relationship with education,
that he sees its bad features and its good features, he knows its
hopes, and the school system has taken on too much responsibility
mainly because the family has disintegrated to the point where the
school system is required to do too many things.
Mayor Bowers asked the following questions:
QUESTION: Was it a good decision to retain the neighborhood
elementary schools, and how would you assess the City's elementary
schools?
ANSWER: Mr. Corn stated that he has observed good teaching in
the City's elementary schools. He added that he liked the fact that
Roanoke has many neighborhood schools; and as a Board member, he
would have difficulty approving a consolidation of schools without
good supporting back-up data because too much consolidation has
hurt the schools. He advised that he favors the concept of
neighborhood schools.
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The fifth and last pe~son to be interviewed was Patricia W..~itten.:,
Ms. Witten advised that citizens are living in a time when
there is an increase in home school momentum and more Virginia
communities are choosing to elect their School Boards rather than
appoint members because the consumers -- the parents -- feel that
the system is not meeting their needs. She added that parents take
very seriously the responsibility of educating their children; that
in 1985, five of the seven School Board members had children in the
City school system, however, in four short years~ only one School
Board member has a child in the system and balance needs to be
restored. She advised that parents feel that they have been shut
out of the School Board process, and noted that there are
approximately 12,000 students in the Roanoke City public schools
and approximately 500 members of Parent-Teacher Associations in
Roanoke City which represent many concerned parents. She stated
that a major decision was made this year concerning the Roanoke
City school system -- the selection of a new School Superintendent
-- and for three months, the Central Council PTA communicated to
the School Board Chairperson its desire to be included in the
selection process, and the response of the Chairperson was that
Central Council PTA is Just another special interest group, and if
he permitted Central Council to participate, he would have to allow
all groups to participaLe. She pointed out that other School Board
members did not share the Chairperson's position; that when Central
Council went directly to the School Board with its concerns, the
Board agreed to permit participation by representatives of Central
Council, and, as a result, the new Superintendent will begin his
tenure with the backing of parents and teachers, as well as
community leaders and the School Board. She expressed concern that
as long as the attitude prevails that parents -- the consumers --
are Just another special interest group, public schools will suffer
because consumers will go where their concerns are taken seriously.
She stated that she has lived in the City of Roanoke for 16 years
and has had a child in the school system for almost that entire
time; that she has been an active member of PTA for many of those
years; that she has served as PTA President at the middle school
and high school levels and as Central Council PTA President for two
terms; and in that capacity, she worked closely with parents
throughout the City for the benefit of all children. She noted
that in 1990, she was asked to serve as a parent representative on
development of a Family Oriented Care and Urgent Services grant
which was being sought by the City from the State, that was
intended to bring five service agencies together to provide
assistance for at-risk youth and their families. She explained
that many localities applied for the grant, but only a few were
selected; and members of the grant development team stated that
they felt her participation in the process made the difference in
helping Roanoke City to be selected as one of the sites. She
advised that her vision for the. City of Roanoke is one where
barriers and egos are laid aside and agencies work together for the
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II
benefit of the community, and her vision includes a cooperative
working relationship between the School Board and the City Council.
She called attention to certain accomplishments during her term as
Central Council PTA President, such as the placement of police
resource officers at each of the high schools. She explained that
in 1989, while she was President of the PTSA at Patrick Henry High
School, she felt there was a need for the resource officer program
to be implemented at the high school level, and she began
discussions with school administrators, but did not receive a Great
deal of response due to lack of fundinG; however, she continued
discussions with Groups connected with the schools to determine if
others saw this as a need. She pointed out that the issue came to
a head last year when the PTA spent much time Going from the School
Administration to the City Administration requesting that they work
together to implement the program and share funding as necessary;
and students in the high schools are now the beneficiaries of this
cooperation between the City and the schools. She added that she
learned the need for patience, persistence and the importance of
having a broad base of support during the three years that she
worked toward this goal. She requested that Council favorably
consider her appointment to the Roanoke City School Board and not
continue with the status quo, and asked how Council can Justify
preserving the status quo when the School Board has given itself a
poor evaluation. She stated that she would describe this year's
School Board in one word -- divided -- and asked if Council wants
to saddle the new Superintendent with a School Board that is
dysfunctional. She stated that rumors are developing that programs
may be cut next year, and her input in this regard would be
invaluable if the wrong programs are cut. She added that the
diversity of programs offered by the City of Roanoke prevents
students from going elsewhere and serves as an incentive to draw
students from throughout the region to the City's school system,
advising that the balance achieved by the system is precarious; and
decisions made by the School Board in the near future will
influence whether the school system moves forward or loses ground,
therefore, input by parents at this Juncture is critical which is
the reason she applied for a position on the School Board.
Mr. White asked the followinq questions:
QUESTION: What are the major strengths and the major
weaknesses within the Roanoke City school system?
ANSWER: Ms. Witten advised that the major strength of the
system rests in the diversity of programs that are offered to meet
a variety of needs and interests which has, in turn, reduced the
dropout rate; that Roanoke City is fortunate to have many good
teachers, especially considering the salary situation which is
lower than the surrounding Jurisdictions; and Roanoke City is
fortunate that it has not lost some of its best teachers to other
school divisions. She stated that one of the disadvantages is the
234
lack of minority teachers and called attention to the fact that
Roanoke City will lose 14 minority administrators and teachers this
year. She called attention to existing competition for minority
teachers because all school systems are trying to increase the
number of minority teachers, and in competing, the salary situation
for Roanoke City teachers will be a problem. She pointed out that
one of the programs that attracted the new Superintendent to
Roanoke is the Magnet School concept.
QUESTION: What is your position with regard to nurses in the
schools?
ANSWER: Ms. Wltten advised that being a nurse, she believes
in health care, however, she does not believe that the school
system should fund the nurse positions because the school system
should be in the business of educating children. She added that it
is known that children cannot learn properly if they do not have
adequate health care, however, the schools are getting involved in
the business of trying to do too many things and the school system
should work with the Health Department in connection with health
related issues. She stated that she favors nurses in the schools
if they are kept busy for the entire day, however, she would prefer
that nurses come under the auspices of the Health Department rather
than the school system.
QUESTION: All students do not come to school with the same
level of readiness. Is it the role of the school system to help
these students attain the same level of readiness through programs
such as nurses, or the breakfast program, or counseling with
parents or other special types of programs?
ANSWER: Ms. Witten advised that the school system should
assist the community and called attention to certain programs
sponsored by Total Action Against Poverty; that nursery schools in
the community should work together to provide scholarships so that
more children will have an opportunity to learn socialization
skills prior to entering the system; and the school system should
work with the Health Department and other agencies to insure that
children receive the proper nourishment. She reiterated that the
schools are trying to do too much, and when there is so much
diversity in so many areas, the quality of service decreases.
QUESTION: What happens when Johnny arrives at school, he has
not had food to eat and he has not seen his mother for three days;
however, Tommy arrives at school with a full stomach and is kissed
good-bye by his mother. What is the role of the school system in
helping a child like Johnny?
ANSWER: Ms. Witten advised that the responsibility has to be
placed where it belongs -- with the family. She added that schools
have taken on the responsibility of feeding children who come to
235
il
school hungry, but the situation must be turned around so that
parents know when they choose to have children, they must accept
responsibility for the welfare of their offspring. She added that
there are children who are without proper parental guidance and the
schools are not solving the problem.
Mrs. Bowles asked the following questions:
QUESTION: How much of a role should the educational system
play with regard to disadvantaged children?
ANSWER: Ms. Witten advised that the school system has
attempted to take the place of the parent, and her philosophy is
that the more the schools do, the less the parents will do,
therefore, the wrong message is being sent, and somehow the
situation must be turned around. She stated that in today's world,
some people have children and totally abandon them because they
have received the wrong message by society that other people will
raise their children.
QUESTION: As a School Board member, do you have an agenda as
to how the situation could be turned around?
ANSWER: Ms. Wltten advised that she is committed to all
parents becoming more involved in school affairs. She stated that
she would be in favor of the School Board establishing a goal to
require that each school draft a type of "care plan" annually
concerning proposed methods to involve parents in the education
process which would be followed by a yearly evaluation. She
pointed out that studies have revealed over and over again that the
more parents are involved, the better children will perform; that
society tends to pay "lip service" but does not become involved,
and all parents need to make a concerted effort.
QUESTION: As a School Board member, would you consider
yourself to be a team player, or would you bring a personal agenda
to the School Board?
ANSWER: Ms. Witten stated that she does not have a personal
agenda for the School Board, advising that her service on Central
Council PTA demonstrates that she is a team player; and she worked
with representatives of 29 schools in an effort to help the
children in the City's school system. She pointed out that she
considers herself to be a person who tries to get along well with
everyone and will work toward one goal -- helping the children in
the Roanoke City public school system.
236
Mr. Fitzpatrick asked the following questions:
QUESTION: If appointed to the School Board, what would be
your number one goal as a new member of the Board? What is the
most important challenge facing the Roanoke City public schools?
ANSWER: Ms. Witten stated that she supports the goals of the
Long-Range Planning Committee for the schools. The number one goal
being a reduction in class sizes, especially at the primary level,
advising that if progress is to be made insofar as improving test
scores and keeping children in school, a concentrated effort must
be made at the kindergarten, first and second grade levels. She
called attention to meetings with the new Superintendent during
which time parents expressed concern with regard to the high pupil-
teacher ratio in the elementary schools. She stated that there are
schools in the system that are being penalized because they are not
Magnet schools and do not receive Federal funds, and it would cost
$1.1 million to provide equipment for those schools in order to
make them comparable to other schools. She advised that the major
challenge will be to find the money to fund the dreams of the
school system.
Mr. Harvey asked the following questions:
QUESTION: What problems do you foresee in the changing of the
administration of the City school system, and how could you be of
assistance to the new Superintendent?
ANSWER: Ms. Witten advised that in her capacity as President
of Central Council PTA, she did not lead in the same manner as the
President before her because individuals are different with
different focuses and different interests. She stated that she has
occupied enough leadership positions to know that each person must
develop his or her own vision, and Dr. Tota had the opportunity to
develop his own leadership style and vision, and she supported his
programs. On the other hand, she added that she admires the new
Superintendent because he will bring new ideas to the school system
and he has a broad base of support. She pointed out that Dr.
Tota's contributions to the community are appreciated, but his
tenure is almost over, and the school system will start anew with
programs and approaches to be initiated by a new Superintendent.
QUESTION: Hypothetically, if you are a member of the School
Board and you learn that the Board has received an additional
$100,000.00 to be used in the following areas, which area would you
rank the highest; i.e., (1) increase salaries, (2) lower pupil-
teacher ratio in the classroom, or (3) additional nurses?
237
II
ANSWER: Ms. Witten advised that $100,000.00 would not
accomplish a great deal insofar as teacher raises, and it would be
a difficult choice between funding additional nurses and reducing
the pupil-teacher ratio.
Mr. McCadden asked the following questions:
QUESTION: What relationship should exist between School Board
Trustees and City Council Members?
ANSWER: Ms. Wltten advised that the relationship between
Council and the School Board should be more cooperative, with the
two entities working together behind the scenes for funding. She
stated that if Council understood more about the vision of the
School Board relative to education, school funding might receive
more priority at certain times. She added that Council appoints
the School Board and should be aware of how members are
functioning; and the two bodies should work together during budget
times because the School Board must understand the needs of the
City and the problems faced by Council in trying to meet the
various needs of the City and the schools.
QUESTION: What unique qualities would you bring to the School
Board?
ANSWER: Ms. Witten stated that her most unique quality is her
closeness to the parents throughout the City, advising that she has
worked with the Parent-Teacher Associations in all of the City
schools. She added that as Central'Council President, she let the
school administration and parents of the schools know of her
interest; that whenever she was called upon, she was willing to
help with their problems; and, thus, they feel comfortable in
communicating their concerns to her. She advised that her
connection as a parent would be her most valuable asset to the
School Board.
Mr. Musser asked the following question:
QUESTION: Of the programs initiated by Dr. Tota and the
School Board, which programs should be eliminated, and which new
programs should be initiated?
ANSWER: Ms. Witten advised that she would be in favor of
utilizing school buildings for after school programs because many
children do not have families at home and they are left to raise
themselves. However, she noted that the school system should not
be required to fund after school programs.
238
Mayor Bowers asked the following questions:
QUESTION: Was it a good decision to retain the neighborhood
elementary schools, and how would you assess the City's elementary
schools?
ANSWER: Ms. Wltten advised that renovation of the
neighborhood schools is a worthwhile project, and she supported
neighborhood elementary schools. She stated that Council made the
right decision to keep the neighborhood elementary schools open
because if neighborhood schools had been closed, the City would
have lost many parents to other localities.
Ail interviews having been completed, the Mayor declared the
meeting adjourned at 8:55 p.m.
APPROVED
ATTE ST:
City Clerk
Mayor
239
ii
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
May 3, 1993
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 3, 1993,
at 2:00 p.m., the regular meeting hour, with Mayor David A. Bowers
presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., James G. Harvey, II,
Delvis O. McCadden, Howard E. Musser, William White, Sr., and
Mayor David A. Bowers --7.
ABSENT: None
----0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Sibling, Jr., City
Attorney; James D. Grisso, Acting Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Noel C.
Taylor, Pastor, High Street Baptist Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
PROCLAMATIONS-YOUTH-ACTS OF ACKNOWLEDGEMENT: The
Mayor presented a Proclamation to Dr. Noel C. Taylor,
Pastor, High Street Baptist Church in recognition of the
High Street Saints basketball team and declared Monday,
May 3, 1993, as HIGH STREET SAINTS DAY in the City of
Roanoke in honor of the outstanding achievements of the
basketball team, its Pastor, and coaches for winning the
City, District and State Basketball Championships.
(For full text, see Proclamation on file in the City
Clerk's Office.)
PROCLAMATIONS-ARCHITECTURAL REVIEW BOARD-TOURISM:
The Mayor presented a proclamation to Robert K. France,
President-Elect, Roanoke Valley Preservation Foundation,
and to Dr. John R. Kern, Director, Roanoke Regional
240
ACTION:
Preservation Office, declaring May 3 - 15, 1993, as
National Preservation Week and Heritage Tourism Week tn
the City of Roanoke.
(For full text, see proclamation on file in the City
Clerk's Office.)
Mr. France advised that the theme of 1993
Preservation Week is, "Make the Connection", and stated
that the Commonwealth of Virginia has coordinated
Virginia Heritage Tourism Week with National Preservation
Week in an effort to point out that tourists like to come
to a place where there is a heritage and a history and
where heritage and history is realized in the aspects of
the city, town or county.
Dr. Kern advised that historic preservation makes
good sense in terms of economic development, heritage
tourism and the revenue that is brought to a community,
as well as civic pride.
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 a personnel matter, being the compensation of a
specific public officer.
MINUTES: Minutes of the regular meetings of Council
held on Monday, February 1, 1993; Monday, February 8,
1993; Tuesday, February 16, 1993; and Monday,
February 22, 1993, 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. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers- 7.
NAYS: None 0.
241
tl
ACTION~
COUNCIL: A communication from Vice-Mayor
Fitzpatrick requesting that Council meet in Executive
Session to discuss a personnel matter, being the
compensation 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 communication 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 compensation 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 Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ........ 7.
NAYS: None
PARKS AND RECREATION-TOURISM-DOWNTOWN ROANOKE,
INCORPORATED-HENRY STREET REVIVAL COMMITTEE-CITYMARKET-
VIRGINIA TRANSPORTATION MUSEUM-NORFOLK SOUTHERN
CORPORATION-BRIDGES: A communication from Mayor David A.
Bowers with regard to development of a rail side linear
park along the main line of the Norfolk Southern tracts,
advising that a successful Downtown Tourism Summit was
held on Wednesday, April 28, 1993, involving
representatives from 20 area businesses and government
and community agencies regarding the need to coordinate
and promote tourism in downtown Roanoke; that the
overriding theme of the summit, and the challenge which
faces the City, is to link the Hotel Roanoke, the City
Market, Henry Street, and the Transportation Museum as
one cohesive tourism destination for visitors to the
downtown area; that a rail side linear park along the
main line of the Norfolk Southern tracks has been
proposed; that most of the area on which the park would
be constructed would lie on City right-of-way and could
probably be built in stages so that the initial plan is
an expanded walkway from the proposed Hotel/City Market
skywalk westbound toward the Transportation Museum; and
the addition of brick sidewalks, plants, trees, benches,
etc., would improve the streetscape and begin to tie in
the Transportation Museum to the Hotel/City Market area,
was before Council.
242
ACTION:
The Mayor recommended that the matter be referred to
the City Manager to ascertain whether funds might be
available from the skywalk project to develop the south
side of Norfolk Avenue into a rail slde park in the one
block between Market Street and Jefferson Street, and
whether funds are available in the Hotel Roanoke project
for improvements to the railroad siding on the north side
of the block facing the Hotel Roanoke; that it is
important to have an aesthetic park-like view of the
Hotel from the City Market, and vice versa; and the City
Manager should then be request to ascertain funding
sources and design challenges for the rail side park from
Jefferson Street westbound to First Street, tieing in
with the First Street Bridge and in connection to Henry
Street.
The Mayor advised that the Hotel Roanoke Conference
Center, improvements to the Transportation Museum, the
addition of mounted police in the City Market area, the
introduction of Amtrak back to Roanoke, and a rail side
linear park are all part of what should be the City's
efforts to target tourism development in downtown
Roanoke; and it is important for Council and the City to
focus on the entirG project, having now entered into the
financial agreement and construction phase of the
centerpiece of the City's tourism initiative, which is
the Hotel Roanoke and Conference Center.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communication be referred
to the City Manager for review, recommendation and report
to Council by August 1, 1993. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ....... 7.
NAYS: None 0.
ZONING: A commu~lcation from Charles A. Price,
Jr., Chairperson, City Planning Commission, with regard
to scheduling a public hearing on a proposed amendment of
Section 36.1-108, of the Code of the City of Roanoke
(1979), as amended, was before Council.
Mr. Price advised that the purpose of the proposed
zoning ordinance amendment is to provide for medical
offices in an existing structure as a special exception
use in the RM-1, Residential Multi-family, Low Density
243 1
ACTION:
District, which is the result of a request for rezoning
filed by Dr. and Mrs. Guy B. Merritt, which request was
opposed by the Greater Raleigh court Civic League and
referred back to the City Planning commission for
reconsideration.
It was explained that the City Planning Commission
approved the proposed amendments at its April 7, 1993
meeting; that the petitioner is under certain time
constraints and wishes to have the matter heard at the
earliest possible time by Council; and recommended that
Council schedule a public hearing to be held on Monday,
May 17, 1993, at 2:00 p.m., or as soon thereafter as the
matter may be heard.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that council concur in the request
of the City Planning Commission and that a public hearing
be held on Monday, May 17, 1993, at 2:00 p.m., or as soon
thereafter as the matter may be heard. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ........
NAYS: N°ne~
REFUSE COLLECTION: A report of the City Manager
with regard to implementation of a permit form to be used
in authorizing placement of private dumpsters on City
streets, advising that at the regular meeting of Council
on Monday, February %, 1993, Vice-Mayor Fitzpatrick
requested that the ity Administration study the
placement of private dumpsters on City streets, with
special emphasis on safety considerations for the
motoring public, was before the body.
It was further advised that a permit was developed
to be used when authorizing the placement of dumpsters on
s' that such placements are allowed
City street , .... ,~, ith building renovation
occasionally i. ?v,,9~r--vr ~.__~.~ios of demolition
... ere slqnl~lcan~
~r~jects wh J~- ~-~oval of interior partitions and
oeDris result from u~,~
similar construction wastes; that no permanent or long-
term placement of dumpsters on City streets is
anticipated by such permits; that the City has included
a requirement for high density Scotchlite material to be
placed at the end of such dumpsters for safety purposes;
and certain additional information, such as the estimated
244
ACTION:
ACTION:
time that the dumpster will be situated on the public
street and for what purpose, will be included in the
application form along with a requirement that the owner
of the dumpster provide the City with evidence of public
liability insurance.
The City Manager explained that the abovedescribed
administrative procedure will be placed in effect
immediately and will not require action by Council for
implementation.
(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. Harvey and adopted
by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers-- 7.
NAYS: None 0.
PENDING LIST: A list of items pending from
August 12, 1991, through April 26, 1993, 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, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None. 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TOTAL ACTION AGAINST POVERTY: Ellen L. Brown,
Director of Human Resources, Total Action Against
Poverty, presented highlights of TAP's activities during
the past year; i.e.,
245
II
421 Roanoke City pre-schoolers were served in
the Head-start Program where they received
intensive, comprehensive training in
preparation for Head start;
111 elementary children attended the Extended
Day Care Program where they received health
screening, health care, including dental care,
and nutrition, and adults received parenting
skills training;
seven households were provided with emergency
repairs;
137 homes were weatherized;
49 families were prevented from becoming
homeless;
housing counseling
households;
was provided to 55
176 Roanoke City citizens were assisted in the
Transitional Living Center;
275 women and children were assisted in the
Women's Resource Center by providing crisis
counseling, ongoing counseling and support
services to help them become self-supporting
and to leave abusive situations;
approximately 500 persons were assisted in the
Drug Prevention Program, including pre-
schoolers and homeless persons who were at
high risk of drug use and abuse;
98 City youth were engaged in summer
employment through the Youth Services Program;
ten youth received their G.E.D. through TAP's
Alternative Education Program;
111 young people participated in Project
Discovery;
214 Roanoke City residents were assisted as a
part of the Virginia Cares Program;
177 City residents were assisted through the
Employment and Training Department with A.B.E.
and G.E.D. Programs;
246
distributed approximately two million pounds
of food to 250 agencies through the Food Bank,
with 65 distributing agencies located in the
Roanoke Valley; and
717 Roanoke City children received health care
through the Comprehensive Health Investment
Project (CHIP).
On behalf of Total Action Against Poverty, Ms. Brown
expressed appreciation to the City for its assistance
over the years.
Without objection by Council, the Mayor advised that
the remarks of Ms. Brown would be received and filed and
made a part of the official record.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET-GRANTS: The City Manager submitted a written
report advising that the City of Roanoke receives an
annual grant of funds from the U. S. Department of
Housing and Urban Development (HUD) based on a formula
which considers age of housing, poverty levels and other
"distress" factors; that the amount of the Community
Development Block Grant (CDBG) is closely related to how
much the U. S. Congress appropriates nationwide, rather
than anything that the City of Roanoke does; and since
1974, the City has received approximately $35 million in
CDBG funds which have been used on numerous projects in
housing, economic development, community services and
public improvements.
It was explained that the City's CDBG entitlement
will be $2,076,000.00 for the fiscal year beginning
July 1, 1993, or a $177,000.00 increase over fiscal year
1993, and to that will be added $508,400.00 in program
income generated by the grant program from previous
years; and new Housing and Urban Development CDBG funds,
added to $667,878.00 unspent from previous years, will
leverage an estimated $4,402,651.00 in additional monies
from federal, state and private sources, for a total
program scope of $7,654,929.00.
247
The City Manager advised that citizen hearings and
workshops were held on January 19 and April 15 in order
to obtain recommendations of citizens and to identify
revitalization needs for the coming year; that public
hearing results were that citizens are concerned about
housing, activities for youth to combat drug abuse, and
neighborhood economic development as primary problems
facing their neighborhoods; and 39 proposals requesting
CDBG funding totalling $3,822,830.00 were received by the
City and reviewed, and new funding available totals
$2,745,345.00.
It was pointed out that nine new projects are being
recommended for funding, along with 36 previously funded
projects; that 11 projects were submitted which are not
being recommended for funding at this time; and with 45
individual projects and activities funded in whole or in
part with CDBG funds, the fiscal year 1994 program has
been designed to accomplish the following: provide
adequate housing, provide adequate Jobs/employment,
reduce instances of crime and drug abuse, empower
citizens and neighborhood organizations, maintain and
improve City infrastructure, comply with Federal laws and
regulations, and promote community pride.
It was explained that of the $1,732,651.00 in CDBG
funds from all sources available for projects in the
fiscal year 1994 budget, $1,237,596.00, or 71 per cent,
is expected to benefit low and moderate income persons.
In conclusion, the City Manager advised that the
proposed CDBG budget and program is responsive to stated
concerns of citizens of Roanoke, as well as meeting
regulatory requirements of HUD; and the program provides
for housing improvements, business development, creation
of new Job opportunities, human development, the
strengthening of neighborhood organizations and adequate
administrative oversight for the entire program which
will allow the City to build upon the successes of the
past and meet certain urgent critical needs.
The City Manager further advised that Council has
scheduled an evening public hearing to be held on Monday,
May 10, 1993, to receive comments of citizens; and at
that time, Council will be requested to authorize the
City Manager to submit the 1993-94 Statement of
Objectives to the Richmond Office of the Department of
Housing and Urban Development for review.
(For full text, see report on file in the City Clerk's
Office.)
248
Marie T. Pontius, Grants Monitoring Administrator,
presented an oral briefing on the proposed fiscal year
1993-94 CDBG Program and Budget.
Without objection by Council, the Mayor advised that
the report of the City Manager and the oral remarks of
Ms. Pointius would be received and filed and made a part
of the official record.
ITEMS RECOMMENDED FOR ACTION:
POLICE DEPARTMENT-TRAFFIC-ZONING-STATE HIGHWAYS=
The City Manager submitted a written report with regard
to truck traffic on Brandon Avenue, S. W., advising that
Brandon Avenue is an arterial highway in the City which
carries up to 22,000 vehicles per day between its
intersection with Franklin Road and Edgewood Street; that
Council adopted Ordinance No. 9885 on March 28, 1949,
which established Brandon Avenue as a truck route for
east-west traffic between Franklin Road and Grandin Road,
however, as a result of complaints from numerous
residents living on and in the area of Brandon Avenue
regarding a steadily increasing volume of traffic using
Brandon Avenue, Council amended Ordinance No. 9885 by
adoption of Ordinance No. 18293 on August 19, 1968 which
included the prohibition of westbound trucks from using
all portions of Brandon Avenue in order to pass through
Roanoke (beginning at Franklin Road and extending to the
west corporate limits, which were at Edgewood Street at
that time); and eastbound through truck traffic on
Brandon Avenue, between Grandin Road and Brambleton
Avenue, was prohibited in the early 1980's under
authority granted to the City Manager, pursuant to
Section 20-54 of the Code of the City of Roanoke (1979),
as amended, because residents had complained about noise
from trucks travelling on Brandon Avenue, both eastbound
and westbound.
It was explained that the Police Department
periodically enforces the "Through Trucks Prohibited"
signage to the extent possible; that signs prohibiting
eastbound trucks on Brandon Avenue were removed on a
trial basis; that truck prohibition for westbound Brandon
Avenue also appears to be unnecessary; that Brandon
Avenue widening will begin west of the area (Edgewood
Street to west corporate limits) and will be open to
trucks; and the Peters Creek Road Extension will
intersect with Brandon Avenue and provide improved access
to the north, but this does not address the issue of an
acceptable alternative route across the southern part of
the City.
249
ACTION:
The City Manager recommended that Council rescind
those portions of Ordinance No. 18293, adopted on
August 19, 1968, that prohibit the use and operation of
westbound trucks passing through Roanoke on Brandon
Avenue, S. W., advising that truck traffic presenting
using Brandon Avenue will be able to travel legally and
without fear of being fined for using the highway; that
it is anticipated that the volume of trucks on Brandon
Avenue will not noticeably increase; that residents have
not voiced complaints to the City about trucks using
Brandon Avenue; that representatives of the Greater
Raleigh Court Civic League concur in the removal of truck
signs; that it is reasonable to expect that trucks should
be able to make use of a heavily travelled arterial route
that serves commercially zoned property and for which
reasonable alternative routes do not exist; and
businesses that operate in the vicinity of Brandon Avenue
would be pleased to have the truck signs removed.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinance:
(#31429-050393) AN ORDINANCE amending Ordinance No.
18293, adopted August 19, 1968, permitting westbound
motor trucks passing through the City to use all portions
of Brandon Avenue, S. W., within the City corporate
limits; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 487.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31429-050393. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers- 7.
NAYS: None
e
BUDGET-GRANTS-FDETC: The City Manager submitted a
written report advising that the Fifth District
Employment and Training Consortium (FDETC) submitted and
received acceptance of a proposal for funding of an "EPA:
Youth and the Environment" project through the United
States Environmental Protection Agency and the Governors
250
Employment and Training Department (GETD); that the City
is the grant recipient for FDETC funding; and Council
must appropriate funds for all grants received by the
Consortium.
It was explained that the Governors Employment and
Training Department sent the Fifth District Employment
and Training Consortium a Notice of Award, in the amount
of $5,000.00, for funding of the "EPA: Youth and the
Environment" project, which is scheduled to commence
operation on June 1, 1993; and the project will provide
summer work experience in the field of water treatment
and related environment issues for ten youth.
The City Manager recommended that Council
appropriate the Fifth District Employment and Training
Consortium's funding for the EPA project, in the amount
of $5,000.00, and that the revenue estimate be increased
by $5,000.00 in accounts to be established by the Acting
Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following emergency budget
ordinance:
(#31430-050393) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 489.)
Mr. McCadden moved the adoption of Ordinance No.
31430-050393. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ............... 7.
NAYS: None 0.
BUDGET-LIBRARIES-LAW LIBRARY: The City Manager
submitted a written report advising that Section 18-30
(c) of the Code of the City of Roanoke (1979), as
amended, provides 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."; that $5,808.00
:
251
ACTION:
more was collected in fiscal year 1992 than was
appropriated or expended;'that revenue excess from the
previous fiscal year is transferred to operating accounts
during the following fiscal year; and revenue excess of
$5,808.00 from fiscal year 1992 needs to be appropriated
from the Capital Maintenance and Equipment Replacement
Program to the Law Library's fiscal year 1993 operating
budget.
The City Manager recommended that Council
appropriate $5,808.00 from the Capital Maintenance and
Equipment Replacement Program to Publications and
Subscriptions, Account No. 001-054-2150-2040.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31431-050393) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 490.)
Mr. Musser moved the adoption of Ordinance No.
31431-050393. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers -7.
NAYS: None. 0.
PUBLIC WORKS-EMERGENCY SERVICES-EQUIPMENT: The City
Manager submitted a written report advising that the
Capital Maintenance and Equipment Replacement Program has
identified the need to replace two utility vehicles in
Emergency Services; whereupon, the City Manager
recommended that Council accept the bid submitted by
Berglund Chevrolet, Inc., in the amount of $30,317.34,
for two new utility vehicles, and reject all other bids
received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
252
ACTION
(#31432-050393) A RESOLUTION providing for the
purchase of two new utility type vehicles 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 Resolution, see Resolution Book No. 54,
page 491.)
Mr. Harvey moved the adoption of Resolution No.
31432-050393. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ........ 7.
NAYS: None
®
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-INDUSTRIES-
ECONOMIC DEVELOPMENT-WATER RESOURCES: The City Manager
submitted a written report advising that Transkrit
Corporation, a printer of business forms, has chosen to
relocate its corporate headquarters and manufacturing
plant from Brewster, New York, to a 17.359 acre site in
the Roanoke Centre for Industry and Technology (RCIT);
that the initial facility will be 110,000 square feet,
with the capability of expanding to 160,000 square feet,
which represents approximately $9.25 million in building
and equipment; that initial employment will be 175
persons with an increase of 50 - 60 employees as the
facility expands; and application for industrial access
road funds has been made by the City for improvement and
extension of Blue Hills Circle, N. E., to serve the new
facility.
It was further advised that agreement for purchase
and sale of land was negotiated with Transkrit
Corporation; that a survey of Site 6A revealed that Blue
Hills Golf Club encroaches on .294 acre of City property
(Parcel A), that Blue Hills Golf Club entranceway (.997
acre) is located on City property (Parcel B), and that
Transkrit desires .369 acre, which is the property of
Blue Hills Golf Club, for its site development
(Parcel C); that an agreement with Blue Hills Golf Club
has been negotiated to provide that the City will
exchange Parcels A and B with Blue Hills Golf Club for
Parcel C; that a satisfactory Phase I Environmental
Report has been received by the City on the entire 17.359
acre Site 6A; and no monetary consideration will be given
to either party.
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ACTION:
ACTION:
The City Manager recommended that Council take the
following actions:
authorize the City Manager to execute a
contract, in a form to be approved by the City
Attorney, for sale of a 17.359 acre site in
the Roanoke Center for Industry and
Technology;
authorize the City Manager to execute a
contract, in a form to be approved by the City
Attorney, for the exchange of 1.291 acres of
City property for .369 acre of property
currently owned by Blue Hills Golf Club;
authorize the Mayor to execute
conveyance of property to
Corporation; and
a deed of
Transkrit
authorize the Mayor to execute a deed of
conveyance of property to Blue Hills Golf
Club.
(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:
(#31433) AN ORDINANCE authorizing the execution of
an agreement for purchase and exchange of certain
property within and adjacent to the Roanoke Centre for
Industry and Technology with Blue Hills Golf Corporation,
authorizing the execution of the requisite deed conveying
such property, and authorizing the acceptance of such
property.
(For full text of Ordinance, see Ordinance Book No. 54,
page 495.)
The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members Pewles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None 0.
Mr. Fitzpatrick moved that the following ordinance
be placed upon its first reading:
254
(#31434) AN ORDINANCE authorizing the execution of
an agreement for purchase and sale of approximately
17.359 acres of land within the Roanoke Centre for
Industry and Technology with Transkrit Corporation, and
authorizing the execution of the requisite deed conveying
such property.
(For full text of Ordinance, see Ordinance Book No. 54,
page 496.)
The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None. 0.
REPORTS OF COMMITTEES:
BUDGET-TRAFFIC-STREETS AND ALLEYS-PUBLIC WORKS:
Council Member William White, Sr., Chairperson of a
committee appointed by the Mayor to tabulate bids
received for asphalt concrete overlays and pavement
profiling of various streets within the City, presented
a written report on behalf of the committee, recommending
that Council take the following actions:
award a contract to Adams Construction
Company, in the amount of $985,000.00, subject
to adoption of the fiscal year 1993-94 budget
by Council which includes $650,000.00 for the
paving program;
appropriate $350,000.00 from fiscal year 1993
Capital Maintenance and Equipment Replacement
Program to Street Paving, Account No. 001-052-
4120-2010;
approve execution of Change Order No. 2, in
the amount of $15,000.00, to the contract with
Contracting Enterprises, Inc.; and
reject all other bids received by the City.
The City Manager. submitted a written report
concurring in the recommendation of the committee,
advising that the 32,945 tons of asphalt will pave 60
lane miles of streets; that the average number of lane
255
¸iI
ACTION:
ACTION:
miles paved during a 18 year period is 61 which is
greater than the 57 lane miles required for a 20 year
paving program goal; and transmitting information on the
City's 18 year average.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31435-050393) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 491.)
Mr. White moved the adoption of Ordinance No. 31435-
050393. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers--- 7.
NAYS: None
O.
Mr. White offered the following emergency ordinance:
(#31436-050393) AN ORDINANCE accepting the bid of
Adams Construction Company 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 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. 54,
page 493.)
Mr. White moved the adoption of Ordinance No. 31436-
050393. The motion was seconded by Mr. Fitzpatrick and
adopted by t.a following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers--- 7.
NAYS: None 0.
Mr. White offered the following emergency ordinance:
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ACTION=
(#31437-050393) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 2 to the City's
contract with Contracting Enterprises, Inc., for
additional traffic signal work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 494.)
Mr. White moved the adoption of Ordinance No. 31437-
050393. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick,
McCadden, Musser, White and Mayor Bowers 6.
NAYS: None
(Council Member Harvey was out of the Council Chamber.)
PURCHASE/SALE OF PROPERTY-EASEMENTS-CITY PROPERTY-
SPECIAL PERMITS-WATER RESOURCES: Council Member
Elizabeth T. Bowles, Chairperson of the Water Resources
Committee, presented a written report on behalf of the
Committee with regard to a driveway access easement
across City-owned property - Tinker Creek Tunnel Intake
property.
A staff report advised that the Tinker Creek Tunnel
Intake was placed in 1964 to divert surplus storm water
from Tinker Creek in Botetourt County to Carvins Cove
Reservoir; and a 4.619 acre parcel of land was acquired
which borders, on its easterly side, the Norfolk Southern
Railway's (NS) Loan Star Branch Line which is fenced.
It was further advised that a request for a 20 foot
wide driveway access easement, parallel to the NS
right-of-way fence, across the easterly edge of the City
parcel was received from Thomas E. Woody, owner of the
property immediately to the south adjoining City
property; that the requested easement is the shortest,
most reasonable way to access the property on which he
intends to construct a residence; that a new fence will
be provided by Mr. Woody along the westerly side of the
proposed easement, built to conform with City standards
established to maintain the security, of the City's
property; and maintenance of the existing 20 foot wide
access road across the northerly and northwesterly edge
of the J. T. Woody property, which now gives access to
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ACTION:
the City's property and will be used for access by
Thomas E. Woody, will become a ~oint responsibility of
the City and Mr. Woody once the road is in use.
The Water Resources Committee recommended that
Council authorize the appropriate City officials to
execute a deed of easement granting to Thomas E. Woody a
20 foot wide driveway access easement across the easterly
edge of City-owned Tinker Creek Tunnel Inlet property in
Botetourt County, pursuant 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:
(#31438) AN ORDINANCE providing for the conveyance
of a private access easement across a portion of Tinker
Creek Tunnel Inlet property in Botetourt County, and
imposing certain terms and conditions upon the Grantee,
as more particularly described herein.
(For full text of Ordinance, see Ordinance Book No. 54,
page 496.)
Tl%e motion was seconded by Mr. McCadden and adopted
by the following vote:
AYES: Council Members Bowles, Fitzpatrick,
McCadden, Musser, White and Mayor Bowers .... 6.
NAYS: None
(Council Member Harvey was out of the Council Chamber.)
PURCHASE/SALE OF PROPERTY-DONATIONS/CONTRIBUTIONS-
STATE HIGHWAYS-REFUSE COLLECTION-CITY PROPERTY-WATER
RESOURCES-RIVER PARKWAY/EXPLORE PARK: Council Member
Elizabeth T. Bowles, Chairperson of the Water Resources
Committee, presented a written report on behalf of the
Committee with regard to donation of a real estate
interest to the Virginia Department of Transportation
A staff report advised that a Landfill Agreement
dated July 29, 1975, created the Roanoke Valley Regional
Solid Waste Management Board (Landfill Board) and the
operational structure for the current regional landfill
adjacent to Rutrough Road in southeast Roanoke County;
258
that ownership of real property composed of 257 acres is
as follows: City of Roanoke - 64.0 per cent; County of
Roanoke - 31.2 per cent; and Town of Vinton - 4.8 per
cent; that parties to the Agreement can sell their
interest in the real property, but only to other members;
that upon determination that all, or part, of the land is
fully utilized or no longer needed for landfill purposes,
the parties may agree that the property shall be
designated and maintained for recreational purposes, or
sold to the highest bidder and the proceeds from the sale
divided between the parties in the same percentages
listed above; and the Landfill Agreement can be amended
by a concurring resolution of the parties to the
Agreement which, in addition to the initiating party
requesting the amendment, shall constitute not less than
three-fourths representation on the Landfill Board,
excluding ex-officio members.
It was further advised that the Explore Park is
expected to open in 1994; that the Blue Ridge Parkway
Spur to the Explore Park is not expected to be open until
1996; that letter request dated February 22, 1993 was
received and verbal presentations by Joyce Waugh, Roanoke
County Economic Development Specialist and J. Scott
Hodge, Assistant Resident Engineer, Virginia Department
of Transportation (VDOT) was considered by the Landfill
Board at its meeting on March 10, 1993, for donation of
a ten foot wide strip of and along Rutrough Road, plus
temporary construction easements, to VDOT, that would
permit VDOT to improve Rutrough Road which would then
serve as temporary access to Explore Park; and the
Landfill Board Chairperson advised the City Manager that
the Landfill Board does not object to the donation of the
strip of land to VDOT to facilitate the widening of
Rutrough Road.
The Water Resources Committee recommended that
Council adopt the appropriate measure authorizing the
City Manager, or Assistant City Manager, and the City
Clerk, or the Deputy City Clerk, to execute appropriate
documents, in a form to be approved by the City Attorney,
to donate the City's interest in a strip of land
approximately 1,000 feet in length and up to ten feet
wide in property currently being used by the Landfill
Board along the northeast side of Rutrough Road, S. E.,
to the Virginia Department of Transportation, or other
appropriate State agency, and to allow such other
mutually agreeable encroachment on the same property for
259
ACTION=
construction access and grading for temporary
improvements, upon adoption of a similar measure by
Roanoke County and the Town of Vlnton.
(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:
(#31439) AN ORDINANCE providing for the donation
and release of the City's interest in a strip of land
currently being used by the Roanoke Valley Regional Solid
Waste Management Board ("RVRSWMB"), upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 497.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ...... 7.
NAYS: None 0.
SEWERS AND STO~ DRAINS-WATER RESOURCES: Council
Member Elizabeth T. ~cwles, Chairperson of the Water
Resources Committee, presented a written report on behalf
of the Committee with regard to capacity allocation at
the Roanoke Regional Sewage Treatment Plant.
A staff report
treatment contracts
capacities:
Roanoke County
City of Salem
Botetourt County
Town of Vinton
advised that the 1972 sewage
assigned the following allocated
- 9.50 million gallons per day
- 6.65 million gallons per day
- 1.90 million gallons per day
- 1.12 million gallons per day
It was further advised that a meeting every third
year, beginning in February 1975
representatives of the Jurisdictions %h~J required of
are parties to
the 1972 contracts to determine if there is Justification
and agreement to reallocate capacities as originally
assigned by the 1972 contracts; and one adjustment has
been made during the life of the 1972 contract which
reduced the allocated capacity of Roanoke County by 0.5
260
ACTION:
million gallons per day (MGD) (from 9.5 to 9.00 MGD) and
increased the allocated capacity of the Town of Vtnton by
0.5 MGD (from 1.12 to 1.62 MGD).
It was pointed out that representatives of the
Jurisdictions who are parties to the 1972 contract met on
February 23, 1993, to determine if there is Justification
and agreement to reallocate capacity; that flow history
for fiscal years 1990, 1991 and 1992 were reviewed; and
inasmuch as none of the Jurisdictions desired to reduce
their current allocated capacity, representatives agreed
not to recommend any changes in allocated capacities.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the reports be received and
filed. The motion was seconded by Mr. Harvey and
unanimously adopted.
APPALACHIAN POWER COMPANY-SPECIAL PERMITS-WATER
RESOURCES: Council Member Elizabeth T. Bowles,
Chairperson of the Water Resources Committee, presented
a written report on behalf of the Committee, with regard
to Carvins Cove Filter Plant Improvements, Phase I,
relocation of overhead electric service by Appalachian
Power Company (APCO).
A staff report advised that project approval for
Carvins Cove Filter Plant improvement was granted by
Council, pursuant to Ordinance No. 30614-070891; that
extensive re-working of aeration basins, mixing and
settling basins and sedimentation basin has necessitated
the relocation of overhead electric power service to the
plant and the low-lift pump stations; that a new electric
service system to Carvins Cove Dam is another element of
the project that will be extended on City-owned property
from the northerly end of Carvins Cove Dam Road to the
Dam; and final engineering work on the line is in the
process of being prepared by APCO.
It was further advised that agreement has been
submitted by APCO permitting realignment of overhead
power lines around the easterly and northerly sides of
the area affected by the basin construction; that
existing lines pass through the construction area and
cannot remain in that specific location; and approval by
Council is required for this type of easement vacation
and relocation on public property.
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ACTION:
The Water Resources Committee recommended that
Council authorize the appropriate City officials to
execute an APCO agreement allowing the electric service
system at the Carvins Cove Water Treatment Plant to be
moved to a new location and that new electric service be
provided to Carvins Cove Dam.
(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:
(#31440) AN ORDINANCE authorizing the execution of
agreements withAppalachian Power Company ("Appalachian")
permitting abandonment, relocation, and installation of
Appalachian's electric service system to the Carvins Cove
Water Treatment Plant basin construction area and to the
Carvins Cove Dam, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 498.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ........ 7.
NAYS: None' - ...... 0.
EASEMENTS-SEWERS AND STORM DRAINS-PLANNING-
SUBDIVISIONS: Council Member Elizabeth T. Bowles,
Chairperson of the Water Resources CoMmittee, presented
a written report on behalf of the Committee, with regard
to City procedures for vacation of public easements.
A staff report advised that the City and individuals
within the general development community occasionally
have cause and valid reason to vacate, relocate or
realign public easements that exist within and upon
private properties; (water, sewer, storm drainage, etc.)
that applications and requests to vacate easements in
such instances are currently routed, reviewed and
approved according to the requirements of two separate
City procedures; and applications and requests made to
internal administrative offices, other than the Office of
CommunityPlanning, have, in the past, been automatically
referred to Council through the Water Resources Committee
(WRC) for action.
262
It was further advised that public easements are
also vacated in cases where application is made to the
Subdivision Agent in the Office of Community Planning in
all instances where such vacation is determined to be in
compliance with the provisions of Title 15.1 of the Code
of Virginia (1950), as amended, and Chapter 31,
Subdivisions, of the Code of the City of Roanoke (1979),
as amended.
It was pointed out that the City adopted Chapter 31,
Subdivisions, Code of the City of Roanoke (1979), as
amended, in 1968, "to establish certain standards and
minimum requirements and to prescribe procedures to
assure the orderly subdivision and development of land
within the corporate limits of the City," which provides
as follows:
1. Section 31-5 authorizes and designates the
City Planning Commission or its delegated
representative as the agent of the City to
administer the subdivision ordinance.
2. Requires the City Planning Commission, or its
agent, to perform their duties with regard to
subdivisions and subdividing in accordance
with such Chapter and the Land Subdivision and
Development Act, Title 15.1, Chapter 11,
Article 7 of the Code of Virginia.
3. Section 31-39(c) sets a prescribed fee to be
charged for the review for approval of all
applications to vacate subdivision plats or
portions thereof.
The staff report further pointed out that Title
15.1, Land Subdivision and Development Act, of the Code
of Virginia (1950), as amended, provides in Sections
15.1-480.I, 15.1-481, and 15.1-482, that the vacation of
easements, subdivision plats or portions thereof, may be
vacated under specific conditions by the governing body,
or its authorized agent, which provides that such
easements, subdivision plats or portions thereof, may
also be vacated by ordinance of the governing body.
It was explained that the Office of Community
Planning by memorandum dated February24, 1993, requested
a legal opinion from the City Attorney regarding
appropriate and expedient procedures for the vacation of
public easements; and the City Attorney's opinion, dated
March 3, 1993, acknowledged that public easements such as
water, sewer, storm drainage, etc., in many instances may
263
ACTION:
ACTION=
be vacated by either the subdivision agent under the
provisions of the subdivision ordinance, or by a separate
ordinance adopted by the governing body.
The Water Resources Committee recommended that
Council receive and file the reports and memoranda from
the Subdivision Agent dated February 24, 1993, and the
Assistant City Attorney, dated March 3, 1993; and that
all future requests to vacate public easements be routed
through the Office of Community Planning (Subdivision
Agent) in order to ensure that all such requests are
processed in the minimum time necessary in each specific
case.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the reports be received and
filed. The motion was seconded by Mr. Fitzpatrick and
unanimously adopted.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
POLICE DEPARTMENT-CITYCODE-FIRE DEPARTMENT-TRAFFIC:
Ordinance No. 31428-050393 amending and reordaining
subsection (b) of Section 20-89, Penalties for unlawful
parking, of the Code of the City of Roanoke (1979), as
amended, by increasing the penalty for fire lane parking
violations from $10.00 to $50.00, effective July 1, 1993,
having previously beel~ before the Council for its first
reading on Monday, April 26, 1993, 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:
(#31428-050393) AN ORDINANCE amending and
reordaining subsection (b) of Section 20-89, Penalties
for unlawful parking, of the Code of the City of Roanoke
(1979), as amended, by increasing the penalty for fire
lane parking violations; and providing for an effective
date.
(For full text of Ordinance, see Ordinance Book No. 54,
page 486.)
Mr. Harvey moved the adoption of Ordinance No.
31428-050393. The motion was seconded by Mr. Musser and
adopted by the following vote:
264
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None 0.
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS:
PROCLAMAT I ONS-COUNC I L-DOWNTOWN ROANOKE ,
INCORPORATED-MISCELLANEOUS-POLICE DEPARTMENT: Barbara N.
Duerk, 9-607 Rosalind Avenue, S. W., member of the
Virginia Department of Transportation Bicycle Advisory
Committee, read a proclamation issued by the Governor
declaring May as Bicycle Month. She presented each
Member of Council with a "Ticket to Ride" in recognition
of "Bike to Work Day" on May 18, and invited Members of
Council to participate in a biking activity, departing
Victory Stadium at 5:30 p.m., on May 18 and traveling on
Roanoke's Bicycle Road to Wasena Park for a picnic
dinner.
Ms. Duerk called attention to the Tour DuPont and
inquired as to why the activity will bypass the City of
Roanoke this year. She advised that if Roanoke is to
encourage tourism and economic development, the Tour
DuPont should be included on the City's agenda for next
year.
Ms. Duerk also called attention to a proposal of
Downtown Roanoke, Inc., to use mounted police officers in
the downtown area, and advised that localities all over
the United States are using bicycles to aid police
officers in neighborhood activities. She stated that
police officers on bicycles would cost less than officers
on horseback and would by more effective.
In summary, Ms. Duerk stated that the City of
Roanoke should provide bicycle accommodations on City
streets, address bicycle needs in all linear parks, take
into consideration bicycling needs when ISTEA
applications are submitted, encourage citizens to
participate in Bicycle Mont, and particularly, in "Bike
to Work Day" on May 18, and encourage bicycling as an
alternative mode of transportation. She advised that the
solution to the parking situation in downtown Roanoke is
265
AC~ION~
not in building more parking garages, but in exploring
alternative modes of transportation, and asked that the
bicycle be looked at as more that a recreational sport.
CITY CODE-DOWNTOWN ROANOKE, INCORPORATED-POLICE
DEPARTMENT-MISCELLANEOUS-YOUTH: With regard to police
officers on horseback in the downtown area of the City,
Gloria Dorma, 3513 Dona Drive, N. W., called attention to
a City ordinance which prohibits the keeping of livestock
within the corporate limits of the City, and expressed
concern from a health/sanitation point of view. She
requested that Council consider other alternatives such
as bicycles as suggested by the previous speaker. She
masked that Council take into consideration that there
are many churches in the Roanoke area that work with
youth, and urged that the City initiate programs to keep
young people off the streets. In the future, she
requested that her address not be publicly announced at
City Council meetings.
The Vice-Mayor suggested that Ms. Dorma talk
with the City's Youth Planner with regard to activities
that have been initiated in the City of Roanoke in the
last 12 months to benefit youth.
At 3:55 p.m., the Mayor declared the meeting in
At 4:07 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden 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 Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ...... 7.
NAYS: None' - ...... 0.
266
There being no further business, the Mayor declared the
meeting adjourned at 4:08 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
267
ACTION:
PERSONNEL CO~4ITTEE--
....... ROANOKE CITY COUNCIL
May 5, 1993
1:00 p.m.
A meeting of the City Council Personnel Committee was called
to order on Wednesday, May 5, 1993, at 1:00 p.m., in the City
Council's Conference Room, fourth Floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with Chairperson
Beverly T. Fitzpatrick, Jr., presiding.
PRESENT: Council Members Elizabeth T. Bowles, Delvls O.
McCadden, William White, Sr., and Chairperson Beverly T.
Fitzpatrick, Jr. 4.
ABSENT: Council Member James G. Harvey, II- 1.
(Mayor Bowers and Council Member Musser were out of the Conference
Room.)
OFFICERS PRESENT: Mary F. Parker, City Clerk
COUNCIL: Mrs. Bowles moved that the Personnel Committee meet
in Executive Session to discuss a personnel matter, being the
performance evaluations of certain Council Appointed Officers,
pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as
amended. The motion was seconded by Mr. McCadden and adopted by
the following vote:
AYES: Council Members
Chairperson Fitzpatrick--
Bowles, McCadden, White and
4.
NAYS:~None
~
(Mayor Bowery and~Council Member Musser were out of the Conference
Room.) (Council Member Harvey was absent.)
At 1:02 p.m., the Chairperson declared the meeting in recess.
Mayor Bowers and Council Member Musser entered the meeting
during the Executive Session.
At 3:35 p.m., the Personnel Committee reconvened in the
Council's Conference Room, with Chairperson Fitzpatrick presiding,
and all Members of the Committee in attendance, with the exception
of Council Member Harvey. Council Member White left the meeting
during the Executive Session.
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ACTION=
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of 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. Musser and adopted by the following vote:
AYES: Council Members Bowles, McCadden, Musser, Mayor Bowers
and Chairperson Fitzpatrick- 5.
NAYS: None
(Council Members Harvey and White were absent.)
There being no further business, the Chairperson declared the
meeting adjourned at 3:37 p.m.
APPROVED
City Clerk
Chairperson
269
II
PERSONNEL COI~94I~PEE ....
May 6, 1993
8:40 a.m.
ROANOKE CITY COUNCIL
A meeting of the City Council Personnel Committee was called
to order on Thursday, May 6, 1993, at 8:40 a.m., in the City
Council's Conference Room, fourth Floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with Chairperson
Beverly T. Fitzpatrick, Jr., presiding.
PRESENT: Council Members Elizabeth T. Bowles, Delvis O.
McCadden, Howard E. Musser, William White, Sr., Mayor David A.
Bowers and Chairperson Beverly T. Fitzpatrick, Jr. 6.
ABSENT: Council Member James G. Harvey, II-
OFFICERS PRESENT: Mary F. Parker, City Clerk
ACTION:
COUNCIL: Mrs. Bowles moved that the Personnel Committee meet
in Executive Session to discuss a personnel matter, being the
performance evaluations of certain Council Appointed Officers,
pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Musser and adopted by the
following vote: ~
AYES: Council Members Bowles, McCadden, Musser, White, Mayor
Bowers and Chairperson Fitzpatrick 6.
NAYS: None 0.
ACTION:
(Council Member Harvey was absent.)
At 8:42 a.m., the Chairperson declared the meeting in recess.
Mayor Bowers left the meeting during the Executive Session.
At 10:47 a.m., the Personnel Committee reconvened in the
Council's Conference Room, with Chairperson Fitzpatrick presiding,
and all Members of the Committee in attendance, with the exception
of Mayor Bowers and Council Member Harvey.
COUNCIL: With respect to the Executive Session just
concluded, Mr. McCadden moved that each Member of 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
27O
by which any Executive Session was convened were heard, discussed
or considered by the Personnel Committee. The motion was seconded
by Hrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, McCadden, Musser, White and
Chairperson Fitzpatrick-- 5.
NAYS: None .... 0.
(Mayor Bowers and Council Member Harvey were absent.)
There being no further business, the Chairperson declared the
meeting adjourned at 10:49 a.m.
A P P R O V E D
ATTEST:
City Clerk
Chairperson
271
REGULAR WEEKLY SESSION .....
-ROANOKE CITY COUNCIL
May 10, 1993
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 10, 1993,
at 7:30 p.m., the regular meeting hour, with Mayor David A. Bowers
presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr.,
James G. Harvey, II, Delvis O. McCadden, Howard E. Musser, William
White, Sr., Elizabeth T. Bowles and Mayor David A. Bowers- 7.
ABSENT: None---
0
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wllburn C. Dlbling, Jr., City
Attorney; James D. Grisso, Acting Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by Mr. J. Duane Bitrick,
Hope for The Today Ministries.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
COUNCIL-VIRGINIA TECH-HOUSING/AUTHORITY: The Mayor
welcomed Jennifer F. Unroe, representing the Allegheny
Virginia Cooperative Extension Service, along with a
group of ten individuals participating in a Living For
Success Program, which is a leadership development
program offered by the Virginia Cooperative Extension
Service in conjunction with the Roanoke Redevelopment and
Housing Authority.
SCHOOLS: The Mayor advised that on July 1, 1993,
there will be two vacancies on the Roanoke City School
Board, created by expiration of the terms of Finn D.
Pincus and Charles W. Day. He further advised that
pursuant to Section 9-21, Public Interview of Candidates,
of the Code of the City of Roanoke (1979), as amended,
Council conducted interviews of the following persons on
Thursday, April 29, 1993, at 6:00 p.m., in the City
Council Chamber:
272
ACTION:
ACTIONt
ACTION=
Paul E. Corn
Charles W. Day
H. Joel Kelly
Finn D. Ptncus
Patricia W. Wltten
Pursuant to Section 9-22, Elections, of the Code of
the City of Roanoke (1979), as amended, which provides
that on or before May 15 of each year, Council must hold
an election to fill certain upcoming vacancies on the
Roanoke City School Board, the Mayor opened the floor for
nominations for two vacancies.
Mr. Harvey placed in nomination the name of Finn D.
Pincus.
Mr. Musser placed in nomination the name of
Charles W. Day.
Mr. McCadden placed in nomination the name of
Paul E. Corn.
There being no further nominations Charles W. Day
and Finn D. Pincus were reelected as members of the
Roanoke City School Board by the following vote:
FOR MR. PINCUS: Council Members Fitzpatrick,
Harvey, White, Bowles and Mayor Bowers 5.
FOR MR. DAY: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ...... 7.
FOR MR. CORN: Council Members McCadden and
Musser--- ........ 2.
The Chair declared the reelection of Finn D. Pincus
and Charles W. Day as members of the Roanoke City School
Board, for terms of three years each, commencing July 1,
1993, and ending June 30, 1996.
BID OPENINGS
WATER RESOURCES:. Pursuant to notice of
advertisement for bids for construction of Carvins Cove
Phase II Water Improvements, Contract C-l, said bids to
be receivedbythe City Clerk until 1:30 p.m., on Monday,
May 10, 1993, and to be held, opened and read before the
Council at 7t30 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
ACTION=
ACTION=
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
TOTAL PROJECT COST
E. C. Pace Co., Inc.
Yates Construction Co., Inc.
Aaron J. Conner General
Contractor, Inc.
Dixon Contracting, Inc.
$1,485,976.80
1,505,406.78
1,916,185.89
1,992,340.00
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 adopted.
The Mayor appointed William White, Sr., Chairperson,
Kit B. Kiser and M. Craig Sluss 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, May 10, 1993, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of 22 Luck
Avenue, Inc., that a 57.7 foot section of a certain ten
foot wide alley, located between properties identified as
Lot 8, Official Tax No. 1012707 and Lot 7, Official Tax
No. 1012706, be permanently vacated, discontinued and
closed, the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
April 23, 1993, and Friday, April 30, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission
recommending that Council approve the amended application
to vacate, discontinue and close a 57.7 foot section of
the said alley, subject to the following conditions, was
before the body.
274
ACTION:
The applicant shall submit to the City for its
approval a subdivision plat, and upon the
City's approval, shall record such plat in the
Office of the Clerk of Circuit Court, said
plat to provide for the following:
combination of the land within the
vacated right-of-way with all
appropriate abutting properties, and
retention of all necessary
easements.
The applicant shall install suitable
barricades, fences, or gates at the alley's
approximate intersection with Luck Avenue, S.
W., in a manner that will not block or impede
access from the existing side door entrance
into the alley from 22 Luck Avenue to the
public street, and at the terminus of the
closure abutting the proposed alley turnaround
area, and the barricade, fence or gate to be
installed adjacent to Luck Avenue, S. W.,
shall be compatible with existing building
exteriors and streetscape and as approved by
the Agent to the Planning Commission.
The applicant shall comply with, and provide
for, the above conditions within a period of
12 months from the date of any ordinance
providing for the permanent vacation,
discontinuance and closure of the alley area
described tn the applicant's amended
application. If the above conditions have not
been met within the specified time period, the
ordinance providing for said closure 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:
275
!1
fl
(#31441) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Beok No. 54,
page 524.)
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.
There being none, Ordinance No. 31441 was adopted, on its
first reading, by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers 7.
NAYS: None
ZONING: Pursuant t~ Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday, May 10,
1993, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on the request o~ District Investigation,
Inc., on the question of changing existing proffered
conditions on property known as Official Tax No. 1271014,
said tract of land located at 2311 Sanford Avenue, S. W.,
described as Lot 13, Block 1, Map of Colonial Heights;
and on the question of rezoning from BM-l, Residential
Multi-family, Low Density District, to C-2, General
Commercial District, Official Tax No. 1271013, such
rezoning to be subject to certain proffered conditions as
set forth in the fourth amended petition filed in the
City Clerk's Office on March 24, 1993, the matter was
again before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
April 23, 1993, and Friday, April 30, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission a~vising
that the purpose of the request for rezoni~.g is
threefold: (1) to remove the previously proffered
conditions imposed on Official Tax No. 1271014, (2) to
rezone Official Tax No. 1271013 from residential to
commercial, and (3) to add new proffered conditions to be
imposed on both tracts of land, was before Council.
276
It was explained that Council held a public hearing
on Monday, February 8, 1993, on the request at which time
there was considerable discussion with regard to an error
made in the issuance of a sign permit, the change in use
for the property (from a beauty shop to a security
business) and possible alternatives to resolve the
problem; and at the conclusion of the discussion, a
motion was adopted to postpone action and refer the
motion back to the City Planning Commission, with
involvement by the City Attorney's Office, to determine
if a mutually satisfactory agreement could be reached
between the City and the petitioner.
The Planning Commission advised that as a result of
discussions between the attorney for the petitioner and
City staff, a fourth amended petition to rezone and to
change proffered conditions was filed on March 24, 1993,
as follows:
a®
The existing developed property will be used
for an electronics security service or
professional offices.
be
The free-standing sign erected on the subject
property in 1992 may remain standing as long
as District Investigation, Inc., owns Official
Tax Nos. 1271013 and 1271014, and either of
those parcels is used by that corporation for
the purpose of conducting an electronics
security service company. In all other
respects, signage on the subject property
shall be limited to that which is permitted in
C-1 zoning districts.
For the rezoning of Official Tax No. 1271013,
a subdivision plat will be prepared in
accordance with the City of Roanoke
subdivision .Regulations combining both
properties and will be duly recorded by said
petitioner within six (6) months of the
effective date of the ordinance rezoning said
property.
Any additions to the existing building will be
one story and such additions will have the
same roof pitch as the existing building.
Se
The parking lot will be at the rear of the
building.
277
ACTION~
f$
The proposed conditions in a, b, c, d and e
above will be applicable to Official Tax Nos.
1271013 and 1271014 or a combination thereof.
The Planning Commission recommended that Council
approve the request to rezone and to amend proffered
conditions, advising that the proffers as set forth in
the fourth amended petition substantially address current
use and needs of the subject property and owner, as well
as adequately address the concerns and future development
or redevelopment of the property in the interests of the
WonJu Street area and the community as a whole.
(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:
(#31442) AN ORDINANCE to amend Sections 36.1-3 and
36.1-4, Code of the City of Roanoke (1979), as amended,
and Sheet No. 127, Sectional 1976 Zone Map, City of
Roanoke, in order to amend certain conditions presently
binding upon certain property previously conditionally
rezoned from C-l, Office District, to C-2, General
Commercial District, and to rezone certain other property
within the City, from RM-1, Residential Multi-family, Low
Density District, to C-2, General Commercial District,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 54,
page 525.)
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 rezontng. There being none, Ordinance No. 31442 was
adopted, on its first reading, by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 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 10,
1993, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on the request of HASI Partnership, a
Virginia general partnership, on the question of amending
278
conditions previously proffered on the rezoning of a
parcel of land located at 3342 Melrose Avenue, N. W.,
described as Official Tax No. 2660417, the matter was
before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
April 23, 1993, and Friday, April 30, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the subject property was rezoned from C-2, General
Commercial District, to LM, Light Manufacturing District,
subject to certain proffered conditions, pursuant to
Ordinance No. 30040-52190 adopted May 21, 1990; that the
purpose of the original rezoning request was to permit
the renovation of an existing structure to be used as a
manufacturing facility (cut and sew) with offices,
warehousing, and retail space; that Planning Commission
members expressed concerns with possible lncompatible LM
development on the property; and the current petition,
filed on March 10, 1993, seeks to amend the original
proffered conditions as part of the rezoning approved on
May 21, 1990, by removing said proffers in their entirety
and substituting the following proffered conditions in
their place, was before Council.
The subject property shall be used only for any of
the following purposes:
general storage and ware-housing establishment
engaged in the storage of miscellaneous
merchandise not for sale on the same premises;
establishment engaged in
distribution of goods; and
the wholesale
no outside .storage will be allowed on the
premises.
The Planning Commission recommended that Council
approve the requested amendment to the proffered
conditions as proposed inasmuch as the revised use
proffers for the developed property are reasonable and
will facilitate the adaptive reuse of an existing
structure which would contribute to the redevelopment of
the area, as well as meet the comprehensive plan issues.
279
ACTION:
It was explained that the purpose of the current
petition is to provide for a mail order operation
employing approximately 200 employees and to allow
limited LM uses of the developed property in the future.
(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:
(#31443) AN ORDINANCE to amend Sections 36.1-3 and
36.1-4, Code of the City of Roanoke (1979), as amended,
and Sheet No. 266, Sectional 1976 Zone Map, City of
Roanoke, in order to amend certain proffered conditions
presently binding upon certain property previously
conditionally rezoned from C-2, General Commercial
District, to LM, Light Manufacturing District.
(For full text of Ordinance, see Ordinance Book No. 54,
page 527.)
The motion was seconded by Mr. McCadden.
W. H. Fralin, 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
to amend the proffered conditions for rezoning. There
being none, Ordinance No. 31443 was adopted, on its first
reading, by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None
e
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 10,
1993, at 7~30 p.m., or as soon thereafter as the matter
may be heard, on the request of H & C Partnership that a
tract of land lying on the south side of Salem Turnpike,
N. W., being the northeasterly 166 feet of Official Tax
No. 2640311, and the westerly 84 feet of Official Tax No.
2640351, be rezoned from LM, Light Manufacturing
District, to C-2, General Commercial District, subject to
certain conditions proffered by the petitioner, the
matter was before the body.
280
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
April 23, 1993, and Friday, April 30, 1993.
(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
the property to be used for indoor recreational purposes;
and a new petition to rezone was filed on April 14, 1993
containing the following proffered conditions, was before
Council.
The property will be developed in substantial
conformity with the site plan dated
January 11, 1993, a copy of which is attached
to the Petition for Rezoning as Exhibit "C,"
subject to any changes required by the City
during site plan review.
The subject property requested for rezoning
will be used for indoor recreational uses
including bingo.
At the expiration of ten years from the
effective date of the City ordinance rezoning
the property from LM, Light Manufacturing
District, to C-2, General Commercial District,
the property will automatically revert from
C-2, General Commercial District, to LM, Light
Manufacturing District, without any further
action required of City Council.
At the expiration of ten years from the
effective date of the City Ordinance rezoning
the property from LM, Light Manufacturing
District, to C-2, General Commercial District,
all indoor recreational uses established on
the subject property shall be discontinued and
all new uses on the subject property shall be
those as permitted in the LM, Light
Manufacturing District.
The Planning Commission recommended that Council
approve the request, advising that under the present
circumstances and the new proffers as set forth in the
April 14, 1993 petition, the petitioner has the right to
28
ACTION:
use this portion of his industrially-zoned land for
commercial indoor recreational uses (bingo operation) for
an interim time period until demands for new industrial
development occurs in the area.
(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:
(#31444) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
264, 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. 54,
page 528.)
The motion was seconded by Mr. Fitzpatrick
Alton B. Prillaman, 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. 31444 was
adopted, on its first reading, by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers 7.
NAYS: None 0.
GRANTS-PLANNING-HOUSING/AUTHORITY: Council having
authorized the City Clerk to advertise a public hearing
for Monday, May 10, 1993, at 7:30 p.m., or as soon
thereafter as the matter may be heard, with regard to the
proposed fiscal year 1993-94 budget for the Community
Development Block Grant. Program, and the Statement of
Community Development Objectives and Projected Use of
Funds, the matter was before the body.
Advertisement of the public hearing was published in
the Neighbors edition of the Roanoke Times & World News
on Thursday, April 29, 1993, and in the Roanoke Tribune
on Thursday, April 29, 1993.
(See affidavit on file in the City Clerk's Office.)
282
ACTION:
A report of the City Manager advising that Council
was briefed on May 3, 1993, on the recommended CDBG
program, Including $2,076,000.00 in new funds from the
U. S. Department of Housing and Urban Development; that
citizen Input was received on January 19, April 15, and
May 10, 1993; and recommending that he be authorized to
submit the fiscal year 1993-94 Community Development
Block Grant Statement of Objectives to HUD for review and
approval, with available funding from the following
sources:
1993-94 CDBG Entitlement
Estimated Program Income
Funds Transferred
Estimated Funds remaining 6-30-93
Non-CDBG matching funds
2,076,000.00
508,400.00
160,945.00
506,933.00
4~402t651.00
Total Budget
$7,654,929.00
The City Manager pointed out that upon receipt of
program and budget approval from HUD, a report detailing
necessary budget appropriations by program and line item,
as well as contracts necessary to carry out the fiscal
year 1993-94 program, will be presented to Council for
adoption.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31445-051@93) A RESOLUTION approving the proposed
Fiscal Year 1993-94 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. 54,
page 499.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31445-051093. The motion was seconded by Mrs. Bowles.
283
'1
{!
The Mayor inquired if there were persons present who
would like to address Council with regard to the matter;
whereupon, Ren T. Heard, 1306 Salem Avenue, S. W., called
attention to certain positive changes that have occurred
in the last four to five months in the West End area of
the City, and advised that which has been done in West
End might serve as a model for other sections of the City
because West End ls breaking ground in many different
ways. He pointed out that a considerable amount of
focus, energy, and funds have been committed for major
projects throughout the City, mostly economic development
projects, however, more attention needs to be focused on
the neighborhoods in order to implement changes for small
businesses, and requested that such needs be considered
in planning for future years, both in Community
Development Block Grant planning and in economic
development planning in general. He added that persons
in the West End section are endeavoring to make the 13th
Street area a business corridor, and a number of
businesses were established in the last year, most of
which are minority businesses which are on the edge of
profit or loss. He stated that the West End Center is a
unique creation, and the West End Neighborhood
Association supports the Center 100 per cent in its
efforts to bring about a change in the attitudes of
youth. He asked that Council reconsider its position
with regard to placing benches at bus stops which would
provide a positive, yet inexpensive service for the
citizens of the City of Roanoke.
Kaye R. Hale, 2432 Grandin Road, S. W., Executive
Director of the West End Center, expressed appreciation
for Council's past support which, over the past year,
enabled the Center to move into its new facility at the
corner of 13th Street and Patterson Avenue, S. W., and
also enabled the Center.to register 132 children as of
this date. She advised that the West End Center has
applied for CDBG funds for a tutorial program and a
program designed for 13 year olds through high school
graduation because there is an extreme lack of programs
for children 13 years of age and older.
Vanetta M. Webb, 211 12th Street, S. W., Youth
Assistant, West End Center, advised that her
participation in the tutorial program has helped to
improve her grades, and requested that the City continue
its support of the West End Center through funding in the
Community Development Block Grant program.
284
ACTION=
No other persons wishing to be heard, Resolution No.
31445-051093 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ...... 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 three requests for Executive
Sessions to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council;
a personnel matter, being the compensation of specific
public officers; and the location of a prospective
business when no previous announcement has been made of
the business' interest in locating in the community.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
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 Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
COUNCIL: A communication from Vice-Mayor Beverly T.
Fitzpatrick, Jr., Chairperson, Roanoke City Council
Personnel Committee, requesting that Council meet in
Executive Session to discuss a personnel matter, being
285
ACTION:
ACTION:
ACTION:
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. Fitzpatrick moved that Council concur in his
request 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. Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
MISCELLANEOUS-ANNEXATION/CONSOLIDATION-LEGISLATION-
ECONOMIC DEVELOPMENT-INDUSTRIES: A communication from
Mayor David A. Bowers transmitting newspaper articles
with regard to the progress made by the City of
Charlotte, North Carolina, compared to the City of
Richmond, Virginia, over the last 25 years, was before
Council.
(For full text, see communication and newspaper articles
on file in the City Clerk's Office.)
Mr. Harvey moved that the above item be removed from
the Consent Agenda for discussion as a separate item.
The motion was seconded by Mr. Musser and adopted.
Mr. Harvey called attention to certain incentives
that are offered by other states to attract new
business/industry compared to the Commonwealth of
Virginia which does not permit localities to offer
incentives to prospective business/industrial clients;
therefore, he moved that the matter be referred to the
Legislative Affairs Committee with the specific intent of
meeting with the City's representatives to the General
Assembly to address the situation. He further moved that
the City Attorney be requested to prepare the proper
measure setting forth Council's concern and that
correspondence be forwarded to City and Town Councils, as
well as Boards of Supervisors throughout the State in an
effort to apprise the General Assembly that localities
286
ACTION:
are disturbed about the manner in which prospective
economic development customers are treated in the
Commonwealth of Virginia. The motion was seconded by Mr.
Musser and unanimously adopted.
BRIDGES: A report of the City Manager with regard
to the status of the closure of the Prospect Road Bridge,
was before Council.
The City Manager advised that the 1989 Annual Bridge
Inspection noted an excessive amount of settlement at one
of the bridge abutments for Prospect Road; that in
addition, the concrete within the structure had
deteriorated from excessive amounts of water; that based
on a subsequent visit several months later, staff elected
to close the bridge based on continued, rapid
deterioration of the structure, resulting in a safety
risk to the motoring public; and Council was notified by
letter dated December 26, 1989.
It was explained that engineering staff surveyed the
area around the bridge and developed two alternative
solutions, i.e.: (1) replace the existing bridge with a
new bridge, at a cost in excess of $350,000.00; and (2)
remove the existing bridge and realign Prospect Road to
a standard "switch back", at a cost of approximately
$200,000.00; and City staff met in January 1990 to review
alternatives with cost estimates, and it was recommended
that the road remain closed to vehicular traffic, and
that the road realignment project be placed on the bridge
replacement program with a very low priority.
It was noted that recent events such as the sale of
Stoneleigh and the landslide on the Flshburn Parkway has
renewed inquiries into the status of the Prospect Road
Bridge; and City staff continues to believe that
realignment of Prospect Road is a low priority capital
improvement project in light of more pressing needs such
as Walnut Avenue Bridge, over Roanoke River Replacement
and over $12 million in higher priority bridge
maintenance needs.
(For full text, see report on file tn the City Clerk's
Office.)
Mr. Fitzpatrick moved that the report be received
and filed. The motion was seconded by Mr. Musser and
adopted by the following vote:
287
ACTION=
ACTION=
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
COMMITTEES-PLANNING: A communication from John B.
Ferguson tendering his resignation as a member of the
City Planning Commission, effective immediately inasmuch
as he was recently appointed to fill a vacancy in the
Juvenile and Domestic Relations District Court, 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. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
COMMiTTEES-ARCHITECTURALREVIEW BOARD: A report of
qualification of Donald C. Harwood as a member of the
Architectural Review Board, for a term ending October 1,
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. Musser and adopted by the following vote:
AYES: Council 'Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None' 0.
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss a
matter with regard to the location of a prospective
business when no previous announcement has been made of
288
A~TION:
the business' interest in locating in the community,
pursuant to Section 2.1-344 (A)(5), 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 the location
of a prospective business when no previous announcement
has been made of the business' interest in locating in
the community, pursuant to Section 2.1-344 (A)(5), Code
of Virginia (1950), as amended. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers 7.
NAYS: None 0.
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-PUBLIC WORKS-FLEET MAINTENANCE FUND-
EQUIPMENT: The City Manager submitted a written report
advising that the Capital Maintenance and Equipment
Replacement Program has identified the need for a bucket
truck with forestry body to be used by the Grounds
Maintenance Department; whereupon, the City Manager
recommended that Council accept the following bids and
reject all other bids received by the City:
one new 27,000 G.V.W. Cab/Chassis
from Berglund Chevrolet, Inc., for
the total amount of $30,939.61; and
289
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ACTION:
ACTION:
one new Tree Trimming Aerial Device
to be mounted on the above
Cab/Chassis from Map Enterprises,
Inc., for the total amount of
$40,383.00.
The City Manager further recommended that $71,322.61
be appropriated from the Capital Maintenance and
Equipment Replacement Program to Fleet Management,
Account No. 006-052-2641-9010.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31446-051093) ~N ORDINANCE to amend and reordain
certain sections of the 1992-93 General and Internal
Service Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 500.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31446-051093. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick,
McCadden, Musser, White and Bowles
Harvey,
6.
NAYS: None 0.
(Mayor Bowers abstained from voting.)
Mr. Fitzpatrick offered the following resolution:
(#31447-051093) A RESOLUTION accepting bids for
certain vehicular equipment and rejecting other bids.
(For full text of Resolution, see Resolution Book No. 54,
page 501.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31447-051093. The motion was seconded by Mr. Musser and
adopted by the following vote:
290
ACTXON=
AYES: Council Members Fitzpatrick,
McCadden, Musser, White and Bowles -
Harvey,
6.
NAYS: None 0.
(Mayor Bowers abstained from voting.)
PARKS AND RECREATION-ARMORY/STADIUM-SPECIALPERMITS-
SPORTS COMPLEX: The City Manager submitted a written
report with regard to providing food and beverage
concession services at the River's Edge Sports Complex,
and recommending that he be authorized to enter into a
contractual agreement, in a form approved by the City
Attorney, with The Swanson Corporation for an amount to
be paid to the City of either $833.33 per month or 20 per
cent of gross receipts per month, whichever is greater,
for a three year term beginning on June 1, 1993, and
ending on May 31, 1996, with an option to renew the
contract for two additional years upon the same terms and
conditions.
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31448) AN ORDINANCE accepting a bid for
concession privileges at the River's Edge Sports Complex,
upon certain terms and conditions; and authorizing the
execution of the requisite concession agreement.
(For full text of Ordinance, see Ordinance Book No. 54,
page 529.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
REPORTS OF COM/~ITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
PURCHASE/SALE OF PROPERTY-CITYPROPERTY-INDUSTRIES-
ECONOMIC DEVELOPMENT-WATER RESOURCES: Ordinance No.
31433 authorizing execution of an agreement providing for
conveyance by the City to Blue Hills Golf Corporation of
291
ACTION=
two parcels of land containing a total of approximately
1.291 acres within the Roanoke Centre for Industry and
Technology in exchange for the conveyance by Blue Hills
to the City of a parcel of land containing approximately
0.369 acre adjacent to the Roanoke Centre for Industry
and Technology, having previously been before the Council
for its first reading on Monday, May 3, 1993, 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:
(#31433-051093) AN ORDINANCE authorizing the
execution of an agreement for purchase and exchange of
certain property within and adjacent to the Roanoke
Centre for Industry and Technology with Blue Hills Golf
Corporation, authorizing the execution of the requisite
deed conveying such property, and authorizing the
acceptance of such property.
(For full text of Ordinance, see Ordinance Book No. 54,
page 495.)
Mr. Musser moved the adoption of Ordinance No.
31433-051093. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-INDUSTRIES-
ECONOMIC DEVELOPMENT-WATER RESOURCES: Ordinance No.
31434 authorizing execution of an agreement for purchase
and sale of approximately 17.359 acres of land within the
Roanoke Centre for Industry and Technology with Transkrit
Corporation, described as Parcel 6, for the sum of
$260,400.00, having previously been before the Council
for its first reading on Monday, May 3, 1993, 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:
(931434-051093) AN ORDINANCE authorizing the
execution of an agreement for purchase and sale of
approximately 17.359 acres of land within the Roanoke
Centre for Industry and Technology with Transkrit
292
ACTION:
ACTION:
Corporation, and authorizing the execution of the
requisite deed conveying such property.
(For full text of Ordinance, see Ordinance Book No. 54,
page 496.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31434-051093. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None
PURCHASE/SALE OF PROPERTY-EASEMENTS-CITY PROPERTY-
SPECIAL PERMITS-WATER RESOURCES: Ordinance No. 31438
conveying a private 20 feet wide driveway easement across
the easterly edge of City owned Tinker Creek Tunnel Inlet
property in Botetourt County to Thomas E. Woody, as more
particularly described in a report to Council dated
May 3, 1993, having previously been before the Council
for its first reading on Monday, May 3, 1993, 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:
(#31438-051093) AN ORDINANCE providing for the
conveyance of a private access easement across a portion
of Tinker Creek Tunnel Inlet property in Botetourt
County, and imposing certain terms and conditions upon
the Grantee, as more particularly described herein.
(For full text of Ordinance, see Ordinance Book No. 54,
page 496.)
Mr. Musser moved the adoption of Ordinance No.
31438-051093. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None
O.
PURCHASE/SALE OF PROPERTY-DONATIONS/CONTRIBUTIONS-
STATE HIGHWAYS-REFUSE COLLECTION-CITY PROPERTY-WATER
RESOURCES: Ordinance No. 31439 providing for the
donation and release of the City's interest in a strip of
land approximately 1,000 feet in length and up to ten
feet wide in property currently being used by the Roanoke
293
ACTION:
Valley Regional Solid Waste Management Board along the
northeast side of Rutrough Road to the Virginia
Department of Transportation, or other appropriate state
agency, and to allow such other mutually agreeable
encroachment on the property for construction, access and
grading for temporary improvements, upon adoption of a
similar measure by Roanoke County and the Town of Vinton,
as more particularly set forth in a report to Council
dated May 3, 1993, having previously been before the
Council for its first reading on Monday, May 3, 1993,
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:
(#31439-051093) AN ORDINANCE providing for the
donation and release of the City's interest in a strip of
land currently being used by the Roanoke Valley Regional
Solid Waste Management Board ("RVRSWMB"), upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 497.)
Mrs. Bowles moved the adoption of Ordinance No.
31439-051093. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None
APPALACHIAN POWER COMPANY-SPECIAL PERMITS-WATER
RESOURCES: Ordinance No. 31440 authorizing execution of
an agreement with Appalachian Power Company for
abandonment of the Company's overhead power service
system to the Carvins Cove Water Treatment Plant and the
relocation of said service around the easterly and
northerly sides of the basin construction area at the
plant, upon certain terms and conditions; and an
agreement with Appalachian regarding installation of
electric service to Carvins Cove Dam from the northerly
terminus of Carvins Cove Dam Road, upon certain terms and
conditions, as more particularly set forth in a report to
Council under date of May 3, 19D3, haying previously been
before the Council for its first reading on Monday,
May 3, 1993, 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:
294
ACTION:
ACTION:
(#31440-051093) AN ORDINANCE authorizing the
execution of agreements with Appalachian Power Company
("Appalachian") permitting abandonment, relocation, and
installation of Appalachian's electric service system to
the Carvins Cove Water Treatment Plant basin construction
area and to the Carvins Cove Dam, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 498.)
Mr. Harvey moved the adoption of Ordinance No.
31440-051093. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
BUDGET: A certificate of the Acting Director of
Finance advising that funds required for the 1993-94
fiscal year General Fund, Water Fund, Sewage Treatment
Fund, Roanoke Civic Center Fund, Transportation Fund,
Nursing Home Fund, City Information Systems Fund,
Materials Control Fund, Management Services Fund, Utility
Line Services Fund, Fleet Maintenance Fund, and School
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.
McCadden and unanimously adopted.
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, 1993, and ending June 30, 1994, in the total
amount of $129,713,852.00:
(#31449-051093) AN ORDINANCE adopting the annual
General Fund APpropriation of the City of Roanoke for the
fiscal year beginning July 1, 1993, and ending June 30,
1994; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 502.)
295
'1
ACTION:
ACTION:
ACTION:
Mr. White moved the adoption of Ordinance No. 31449-
051093. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None
BUDGET-WATER RESOURCES: Mrs. Bowles offered the
following emergency ordinance adopting the annual Water
Fund Appropriation of the City of Roanoke for the fiscal
year beginning July 1, 1993, and ending June 30, 1994, in
the total amount of $8,916,960.00=
(#31450-051093) AN ORDINANCE adopting the annual
Water Fund Appropriation of the City of Roanoke for the
fiscal year beginning July 1, 1993, and ending June 30,
1994; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 505.)
Mrs. Bowles moved the adoption of Ordinance No.
31450-051093. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Muss.r, White, Bowles and Mayor Bowers ....... 7.
NAYS: None
BUDGET-SEWERSANDSTORMDRAINS: Mrs. Bowles offered
the following emergency ordinance adopting the annual
Sewage Treatment Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1993, and
ending June 30, 1994, in the total amount of
$6,967,081.00:
(#31451-051093) AN ORDINANCE adopting the annual
Sewage Treatment Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1993, and
ending June 30, 1994; and declaring the existence of an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 507.)
Mrs. Bowles moved the adoption of Ordinance No.
31451-051093. The motion was seconded by Mr. McCadden
and adopted by the following vote:
296
ACTION=
ACTION=
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers -7.
NAYS: None
BUDGET-ROANOKE CIVIC CENTER= Mr. McCadden offered
the following emergency ordinance adopting the annual
Civic Center Fund Appropriation of the City of Roanoke
for the fiscal year beginning July 1, 1993, and ending
June 30, 1994, in the total amount of $2,071,569.00:
(#31452-051093) AN ORDINANCE adopting the annual
Civic Center Fund Appropriation of the City of Roanoke
for the fiscal year beginning July 1, 1993, and ending
June 30, 1994; and declaring the existence of an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 508.)
Mr. McCadden moved the adoption of Ordinance No.
31452-051093. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None'
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, 1993, and ending
June 30, 1994, in the total amount of $2,281,788.00:
(#31453-051093) AN ORDINANCE adopting the annual
Transportation Fund Appropriation of the City of Roanoke
for the fiscal year beginning July 1, 1993, and ending
June 30, 1994; and declaring the existence of an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 509.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31453-051093. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
?
5.
297
,!
I:
ACTION:
ACTION:
AYES= Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
BUDGET-HUMAN DEVELOPMENT-CITY NURSING HOME: Mr.
White offered the following emergency ordinance adopting
the annual Nursing Home Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1993, and
ending June 30, 1994, in the total amount of
$1,596,343.00:
(#31454-051093) AN ORDINANCE adopting the annual
Nursing Home Fund Appropriation of the City of Roanoke
for the fiscal year beginning July 1, 1993, and ending
June 30, 1994; and declaring the existence of an
emergency.
(For full text of Ordinance, see Ordi:lance Book No. 54,
page 510.)
Mr. White moved the adoption of Ordinance No. 31454-
051093. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
BUDGET-CITY INFORMATION SYSTEMS: Mr. Fitzpatrick
offered the following emergency ordinance adopting the
annual City Information Systems Fund Appropriation of the
City of Roanoke for the fiscal year beginning July 1,
1993, and ending June 30, 1994, in the total amount of
$2,188,267.00:
(#31455-051093) AN ORDINANCE adopting the annual
City Information Systems Fund Appropriation of the City
of Roanoke for the fiscal year beginning July 1, 1993,
and ending June 30, 1994; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 512.)
Mr. Fitzpatrick mo~ed the adoption of Ordinance No.
31455-051093. The motion was seconded by Mr. McCadden
and adopted by the following vote:
298
ACTION=
ACTION:
AYES: Council Members Fitzpatrick, Narvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None
Oe
BUDGET-GENERAL SERVICES: Mr. Musser offered the
following emergency ordinance adopting the annual
Materials Control Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1993, and
ending June 30, 1994, in the total amount of $146,646.00=
(#31456-051093) AN ORDINANCE adopting the annual
Materials Control Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1993, and
ending June 30, 1994; and declaring the existence of an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 513.)
Mr. Musser moved the adoption of Ordinance No.
31456-051093. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick,
McCadden, Musser, White, Bowles and Mayor Bowers
NAYS: None
Harvey,
'7.
.0.
BUDGET-MANAGEMENT AND BUDGET: Mr. Musser offered
the following emergency ordinance adopting the annual
Management Services Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1993, and
ending June 30, 1994, in the total amount of $441,890.00:
(#31457-051093) AN ORDINANCE adopting the annual
Management Services Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1993, and
ending June 30, 1994; and declaring the existence of an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 514.)
Mr. Mus~er moved the adoption of Ordinance No.
31457-051093. The motion was seconded by Mr. Harvey and
adopted by the following vote:
299
AYES: Council Members Fitzpatrick,
McCadden, Musser, White, Bowles and Mayor Bowers .....
Harvey,
NAYS: None' 0.
BUDGET-UTILITY LINE SERVICES: Mrs. Bowles offered
the following emergency ordinance adopting the annual
Utility Line Services Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1993, and
ending June 30, 1994, in the total amount of
$2,854,021.00:
(#31458-051093) AN ORDINANCE adopting the annual
Utility Line Services Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1993, and
ending June 30, 1994; and declaring the existence of an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 515.)
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
31458-051093. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers 7.
NAYS: None O.
BUDGET-FLEET MAINTENANCE FUND: Mr. Fitzpatrick
offered the following emergency ordinance adopting the
annual Fleet Management Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1993, and
ending June 30, 1994, in the total amount of
$3,841,955.00:
(#31459-051093) AN ORDINANCE adopting the annual
Fleet Management Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1993, and
ending June 30, 1994; and declaring the existence of an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 516.)
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
31459-051093. The motion was seconded by Mr. McCadden
and adopted by the following vote:
30O
ACTION:
AYES: Council Members Fitzpatrick,
McCadden, Musser, White, Bowles and Mayor Bowers ....
Harvey,
NAYS: None 0.
BUDGET-SCHOOLS: Mr. Fitzpatrick offered the
following emergency ordinance adopting the annual School
Fund Appropriation of the City of Roanoke for the fiscal
year beginning July 1, 1993, and ending June 30, 1994, in
the total amount of $69,877,373.00:
(#31460-051093) AN ORDINANCE adopting the annual
School Fund Appropriation of the City of Roanoke for the
fiscal year beginning July 1, 1993, and ending June 30,
1994; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 518.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31460-051093. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers 7.
NAYS: None- 0.
PAY PLAN-CITY EMPLOYEES-BUDGET: Mrs. Bowles offered
the following emergency ordinance adopting and
establishing a Pay Plan for officers and employees of the
City, effective July 1, 1993, providing for certain
salary adjustments and merit increases; authorizing
annual salary increments for certain officers and
employees for use of private motor vehicles; and
repealing Ordinance No. 31000-051192, adopted May 11,
1992, to the extent of any inconsistency:
(#31461-051093) AN ORDINANCE to adopt and
establish a Pay Plan for officers and employees of the
City, effective July 1, 1993, providing for certain
salary adjustments and merit increases; authorizing
annual salary increments for certain officers and
employees for use of private motor vehicles; repealing
Ordinance No. 31000-051192, adopted May 11, 1992, to the
extent of any inconsistency; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 519.)
301
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
31461-051093. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None 0.
CITY CODE-TAXES: Mr. Harvey moved that the
following ordinance with regard to a reduction in the
real estate tax rate be placed upon its first reading:
(#31462) AN ORDINANCE amending and reordaining
Section 32-16, Levied; rate, Code of the City of Roanoke
(1979), as amended, to provide for reduction of the real
estate tax rate from $1.25 on every one hundred dollars
of fair market value to $1.23 on every one hundred
dollars of fair market value; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 54,
page 530.)
The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members Harvey, Musser, White and
Mayor Bowers 4.
NAYS: Council Members Bowles and McCadden and Vice-
Mayor Fitzpatrick ........... 3.
CITY CODE-TAXES: Mr. Harvey moved that the
following ordinance providing for a reduction in the real
estate and tangible personal property tax rate applicable
to public service corporations, said rate to be set at
$1.23 on every one hundred dollars of assessed value,
effective January 1, 1994, be placed upon its first
reading:
(#31463) AN ORDINANCE amending and reordatning
Section 32-122, Levied; rate, Code of the City of Roanoke
(1979), as amended, to provide for reduction of the real
estate and tangible personal property tax rate applicable
to public service corporations; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 54,
page 531.)
302
ACTION:
ACTION
ACTION:
The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members Harvey, Musser, White and
Mayor Bowers 4.
NAYS: Council
Fitzpatrick---
Members Bowles, McCadden and
3.
PAY PLAN-REALESTATE VALUATION-CITY EMPLOYEES: Mr.
White offered the following resolution establishing the
salary of the Director of Real Estate Valuation at
$61,740.00, retroactive to July l, 1992:
(#31464-051093) A RESOLUTION establishing the
annual salary of the Director of Real Estate Valuation
retroactive to July 1, 1992.
(For full text of Resolution, see Resolution Book No. 54,
page 523.)
Mr. White moved the adoption of Resolution No.
31464-051093. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,
McCadden, Musser, White, Bowles and Mayor Bowers ....... 7.
NAYS: None
CITY CODE-TAXES-DISABLED PERSONS: Mr. Musser moved
that the following ordinance increasing the threshold for
qualification for real estate tax exemption for elderly
and disabled persons for the tax year commencing July 1,
1994, be placed upon its first reading:
(#31465) AN ORDINANCE amending and reordaining
Section 32-86, Financial eligibility, Code of the City of
Roanoke (1979), as amended, by adding a new subsection
(c) increasing from $22,000.00 to $24,000.00 the combined
annual income threshold for qualification for real estate
tax exemption for elderly and disabled persons for the
tax year commencing July 1, 1994; and amending current
subsection (c) of Section 32-86~ Financial eligibility,
to redesignate such subsection as subsection (d).
(For full text of Ordinance, see Ordinance Book No. 54,
page 532.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES:
Mayor Bowers
Council Members Harvey, Musser, White and
4.
NAYS: Council Members Bowles,
Fitzpatrick .........................
McCadden and
3.
303
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
ROANOKE CIVIC CENTER-COUNCIL: The Mayor commended
Council Member McCadden for his efforts in bringing
professional hockey to the City of Roanoke.
OTHER HEARINGS OF CITIZENS: None.
At 8:45 p.m., the Mayor declared the meeting in
recess.
At 10:09 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Member White.
ACTION:
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden 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 Fitzpatrick,
McCadden, Musser, Bowles and Mayor Bowers
Harvey,
6.
NAYS: None 0.
(Council Member White left the meeting during the
Executive Session.)
COMMITTEES-TOTAL ACTION AGAINST POVERTY-JEFFERSON
CENTER: The Mayor advised that there is a vacancy on the
Board of Directors of Project Discovery, Inc., created by
the resignation of Theodore J. Edlich, III, and called
for nominations to fill the vacancy.
3O4
ACTION:
Mr. McCadden placed in nomination the name of
Sara P. Holland.
There being no further nominations, Ms. Holland was
elected as the City's representative to the Board of
Directors of Project Discovery, Inc., by the following
vote:
FOR MS. HOLLAND: Council Members Fitzpatrick,
Harvey, McCadden, Musser, Bowles and Mayor Bowers ..... 6.
(Council Member White left the meeting during the
Executive Session.)
There being no further business, the Mayor declared the
meeting adjourned at 10:11 p.m.
APPROVED
ATTE ST:
City Clerk
Mayor
305
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
May 17, 1993
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 17, 1993,
at 2:00 p.m., the regular meeting hour, with Mayor David A. Bowers
presiding, pursuant to Rule 1, Regular Meetings~ of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members James G. Harvey, II, Delvts O.
McCadden, Howard E. Musser, William White, Sr., Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., and Mayor David A. Bowers---7.
0.
ABSENT: None
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Rltchie, Sr., Assistant City Manager; Wilburn C. Dlbling, Jr., City
Attorney; James D. Grisso, Acting Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Michael
Nevling, Pastor, Colonial Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
ACTS OF ACKNOWLEDGEMENT-SCHOOLS-YOUTH: The Mayor
recognized and welcomed those students from William
Fleming High School, Patrick Henry High School, CITY
School and the Governor's School who were participating
tn Student Government Day. He explained that the
students were assigned to work with various City
officials throughout the day in an effort to observe City
government activities. The Mayor presented each student
with a City ,,Executive Glass" as a memento of the
occasion.
ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES-PUBLIC WORKS:
The Mayor advised that he was pleased to declare May 17 -
23, 1993, as National Public Works Week in the City of
Roanoke, and called upon all citizens and civic
organizations to acquaint themselves with the problem
involved in providing public works and to recognize the
306
contributions that public works officials make every day
to the health, safety and comfort of the citizens of the
City of Roanoke.
(For full text, see proclamation on file in the City
Clerk's Office.)
Pursuant to a request of the Mayor, the City Clerk
read the following names of Employees-of-the-Quarter for
1992-93 in the Public Works Directorate:
Lloyd F. Rawley
O. Tom Clarke, III
Audrey C. Rickmond
Donald F. Wallace
Richard A. Cooley
Edward J. Daniels
Leroy Haley
Randy C. Baldwin
Barry K. Stacy
James L. Hicks
David W. Thompson
James E. Pagans
Johnny W. Henderson
Donald E. McGuire
Mark A. Anderson
Gary L. Bowman
Thomas N. Page
Roger E. Lee
Judy F. Jeffreys
Gregory L. Goad
Francis Wright, Jr.
Streets & Traffic Department
Parks & Recreation/Grounds
Maintenance
Fleet Management Department
Streets & Traffic Department
Building Maintenance Department
Custodial Services
Solid Waste Management
Streets & Traffic Department
Parks & Recreation/Grounds
Maintenance
Fleet Management Department
Streets & Traffic Department
Engineering Department
Streets & Traffic Department
Solid Waste Management
Fleet Management Department
Streets & Traffic Department
Solid Waste Management
Fleet Management Department
Parks & Recreation/Grounds
Maintenance
Streets & Traffic Department
Solid Waste Management
The City Clerk then read the following names of
previous Public Works Employees of the Year:
1985-86
1986-87
1987-88
1988-89
1989-90
1990-91
1991-92
Willie E. Rucker
Larry D. Rice
¥ickie J. Kreider
Valerie Efferson
John T. Lamonde, Jr.
Thaddeus Anderson
G. Roger Barton
Solid Waste Management
Building Maintenance
Communications
Fleet Management
Custodial Services
Street Maintenance
Building Maintenance
The Mayor advised that he took great pleasure in
introducing the Employee of the Year in the Public Works
Directorate. He pointed out that the honoree is a
sanitation worker in the Solid Waste Management
307
ACTION:
Department at the Public Works Service Center and has
been employed by the City on a permanent basis since
October 1, 1975. He stated that this employee took the
initiative to prepare for and pass all tests required for
a commercial driver's license; that he began driving
trucks as a backup almost immediately upon passing the
necessary tests; and most recently, he worked many
overtime hours and used his knowledge of City streets in
performing special leaf and Christmas tree collection
routes so that collection would remain on schedule.
Mayor Bowers stated that he was pleased to announce
that Thomas N. Page was selected as the Public Works
Directorate's Employee-of-the-Year for 1992-93.
Mr. White offered the following resolution:
(#31466-051793) A RESOLUTION recognizing Thomas N.
Page as Employee of the Year in the Public Works
directorate.
(For full text of Resolution, see Resolution Book No. 54,
page 534.)
Mr. White moved the adoption of Resolution No.
31466-051793. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None
Mayor Bowers presented Mr. Page with a framed copy
of the above referenced resolution, an appropriately
engraved plague, and a United States Savings Bond.
BID OPENINGS
LIBRARIES-EQUIPMENT: Pursuant to notice of
advertisement for bids for air conditioning and related
work at the Gainsboro Library, 15 Patton Avenue, N. W.,
said bids to be received by the City Clerk until 1:30
p.m., on Monday, May 17, 1993, 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:
3O8
ACTION=
AC?ION:
BIDDER
LUMP SUM
Woods Air Conditioning and
Heating, Inc.
Bayshore Mechanical
Morrison Mechanical and
Building Services
$11,450.00
12,444.00
19,995.00
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. McCadden and adopted.
The Mayor appointed William White, Sr., Chairperson,
James D. Rltchie, Sr., and George C. Snead, Jr., as
members of the committee.
PUBLIC HEARINGS
CITY CODE-ZONING-SPECIAL PERMITS: Pursuant to
motion adopted by Council on Monday, May 3, 1993, the
City Clerk having advertised a public hearing for Monday,
May 17, 1993, at 2:00 p.m., or as soon thereafter as the
matter may be heard, on the request of Guy B. Merritt for
an amendment and revision to Chapter 36.1, Zoning, Code
of the City of Roanoke (1979), as amended, which proposed
amendment would amend Section 36.1-108, to permit a
special exception use in the RM-1, Residential Multi-
family, Low Density District, in order to allow medical
offices in an existing structure, the matter was before
the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
April 30, 1993, and Friday, May 7, 1993.
(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 zoning ordinance
amendment is to provide for medical offices in
an existing structure as a special exception use in the
RM-1, Residential Multi-family, Low Density District, was
before Council.
It was explained that the petitioner would be able
to file an application with the Board of Zoning Appeals
for a special exception to provide for a dental office in
the existing residential district, and if approved, a
rezoning request for the subject property will be
309
ACTION~
withdraw; that approval of a special exception will
remove the property from a "legal, nonconforming" status
and place said property in a conforming zoning
classification; that expansion of a business will be
provided for and the sale or transfer of the existing
dental clinic/office could easily be accommodated; and
other similar "legal, nonconforming" uses throughout the
community could be adequately address in lieu of requests
to rezone the subject properties.
The City Planning Commission recommended that
Council approve the request.
(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:
(#31467) AN ORDINANCE amending Section 36.1-108,
Special exception uses, by the addition of new subsection
(15), of Chapter 36.1, Zoning, of the Code of the City of
Roanoke (1979), as amended, to permit medical clinics
within the RM-1 District.
(For full text of Ordinance, see Ordinance Book No. 54,
page 540.)
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 matter.
There being none, Ordinance No. 31467, on its first
reading, was adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor Bowers- 6.
NAYS: None
(Council Member Harvey abstained from voting.)
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
310
ACTION:
ACTION:
specific attention to three requests for Executive
Sessions to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council;
a matter with regard to the location of a prospective
business when no previous announcement has been made of
the business' interest in locating in the community; and
a personnel matter, being the appointment of a specific
public officer.
MINUTES: Minutes of the special meeting of Council
held on Wednesday, February 10, 1993, 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 byMr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None' 0.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to dlscuss
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 Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None 0.
311
ACTION:
ACTION=
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss a
matter with regard to the location of a prospective
business when no previous announcement has been made of
the business' interest in locating in the community,
pursuant to Section 2.1-344 (A)(5), 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 location of a
prospective business when no previous announcement has
been made of the business' interest in locating in the
community, pursuant to Section 2.1-344 (A)(5), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None -0.
COUNCIL: An oral request of the Vice-Mayor that
Council meet 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.
(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. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ....... 7.
NAYS: None 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
312
ACTION:
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of $16,546.00
for the Regional Adult Literacy and Basic Education
program to provide funds for operation of adult literacy
programs, advising that the appropriation represents
additional funds received for flow-through contracted
services subcontracted by the Fifth District Employment
and Training Consortium, was before Council.
The School Board further requested that 31 completed
grants be closed which will result in a net decrease of
$272,104.00.
A report of the Acting Director of Finance advising
that funds will be appropriated for one grant in the
Grant Fund which will be funded with Federal funds, and
recommending that Council concur in the request, was also
before the body.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31468-051793) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 535.)
Mrs. Bowles moved the adoption of Ordinance No.
31468-051793. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers 7.
NAYS: None, 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
313
ACTION:
ARMORY/STADIUM-PARKS AND PLAYGROUNDS-CELEBRATIONS-
FESTIVAL IN THE PARK: The City Manager submitted a
written report advising that Roanoke Festival in the Park
sponsors the largest annual event in the City; that
substantial City support is required since Festival in
the Park is operated almost exclusively on City property;
and a contract has been negotiated with Roanoke Festival
in the Park which would clearly delineate services to be
provided and the amount of City expenditures to support
the services.
It was further advised that Festival in the Park '93
is scheduled to begin on Thursday, May 27, 1993, and
conclude on Sunday, June 6, 1993, and a proposed contract
has been negotiated, with a limit of $45,000.00 of City
services including labor, utilities, fees, and equipment
rentals.
The City Manager recommended that he be authorized
to execute the appropriate contract with Festival in the
Park, Inc.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31469-051793) A RESOLUTION authorizing the
execution of an agreement with Roanoke Festival in the
Park.
(For full text of Resolution, see Resolution Book No. 54,
page 536.)
Mr. Harvey moved the adoption of Resolution No.
31469-051793. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ---7.
NAYS: None 0.
PARKS AND pLAYGROUNDS-CELEBRATIONS-ARMORY/STADIUM-
FESTIVAL IN THE PARK: The City Manager submitted a
written report advising that Festival in the Park will
begin on May 27, and continue through June 6, with events
scheduled at Victory Stadium on Friday, May 28 and
Friday, June 4 at 7:00 p.m.; that Festival in the Park is
an annual event featuring azts, crafts and entertainment
which draws thousands of people; that Victory Stadium has
314
ACTION=
been requested for use by Roanoke Festival in the Park,
with a waiver of the rental fee for concerts and the
granting of concession rights and commission; and
concession prcceeds and donations will be used by Roanoke
Festival in the Park to continue its efforts to improve
the event and to make activities available to citizens at
a reasonable cost.
It was further advised that Victory Stadium is
available on the dates requested by Roanoke Festival in
the Park; that authorization by Council is required to
waive rental fees and to grant concession rights and
commissions, pursuant to Resolution No. 24982; that
general liability insurance must be provided by the
lessee to include bodily injury and property damage, with
limits to be $2 million general aggregate and designate
the City as additional insured; and a certificate of
insurance, acceptable to the Risk Management Officer,
must be filed with the City Clerk.
The City Manager recommended that Council waive the
rental fee and grant concession rights and commission to
Roanoke's Festival in the Park, Inc., for use of Victory
Stadium on May 28 and June 4, 1993.
(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:
(#31470) AN ORDINANCE waiving the standard rental
fee for use of certain facilities for Roanoke Festival in
the Park, and granting certain concession rights in
conjunction with such event.
(For full text of Ordinance, see Ordinance Book No. 54,
page 541.)
The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, FitzpatriCk and Mayor Bowers ...... 7.
NAYS: None" O.
INSURANCE-CITY EMPLOYEES-PENSIONS-BLUE CROSS/BLUE
SHIELD: The City Manager submitted a written report with
regard to retiree health care, advising that the City
provided an independent group health insurance program
315
for retirees until 1980, however, the program was
terminated because a retiree could obtain an individual
policy from the same health insurance carrier with a less
expensive monthly premium; that the City has considered
providing retiree health care since 1980, most recently
in 1991; that the reasons for not providing retiree
health care until this time was based on cost; and
specifically, the City's current health care provider has
required an employer contribution of at least 50 per cent
of the subscriber only rate, plus the requirement that
retiree health care claims be "blended" with the
experience of active employees which has the impact of
potentially raising rates for active employees.
It was further advised that during the 1993 Session
of the Virginia General Assembly, a law was passed,
effective July 1, 1993, that requires local governments
to provide health care coverage for the following:
present retirees under age 65 with 15 or more
years of continuous service,
future retirees under age 65 with 15 or more
years of continuous service,
existing and future retirees who retire due to
line-of-duty injuries,
coverage is required to age 65 only,
coverage is required for the retiree only (not
for spouse and/or family),
cost of coverage is retiree's responsibility,
and
premium may be detprmined by rating retirees
separately.
The City Manager pointed out that initiatives being
considered by the Clinton Administration with regard to
provision of health care may, in the future, impact the
type of health insurance provided, as well as who is
responsible for paying the cost for such coverage; that
the City's health care provider, Blue Cross and Blue
Shield of Virginia, has agreed to cover this group of
current and future retirees without an employer
contribution, however, only if the liability related to
retiree health care claims is blended with active
employees; that the effect of blending health care
utilization between active employees and retirees, while
316
ACTION:
not raising current year rates for City employees, will
likely have the impact of raising future rates, possibly
as early as January 1, 1994, which constitutes an
unfunded mandate from the General Assembly; that the
Health Care Benefits Committee was advised of the
proposed change to the City's health care contract and
was in favor of the approach being considered; and
eligible retirees will be advised of the approved plan
and will be given the opportunity to enroll prior to the
July 1, 1993 effective date.
The City Manager recommended that Council approve an
amendment to the contract for health care insurance with
Blue Cross and Blue Shield of Virginia for six months,
commencing July 1, 1993, and ending December 31, 1993,
with the cost for coverage to be paid by the retiree,
however, the City's health care plan will absorb the risk
should established premium rates be insufficient to cover
services provided.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
(#31471-051793) A RESOLUTION authorizing execution
of an amendment to the City's contract with Blue Cross
and Blue Shield of Virginia to provide group
hospitalizatioll and health insurance for certain retirees
of the City and their families, effective July 1, 1993.
(For full text of Resolution, see Resolution Book No. 54,
page 536.)
Mr. White moved the adoption of Resolution No.
31471-051793. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None 0.
CITY CODE-ZONING-TAXES-NEIGHBORHOOD ORGANIZATIONS-
SPECIAL PERMITS-ECONOMIC DEVELOPMENT: The City Manager
submitted a written report with regard to the Williamson
Road Area Service District, advising that Special Service
Districts may be established by local governments,
pursuant to Section 15.1-18.3, Code of Virginia (1950),
as amended, to provide additional or more complete
services of government than are being offered by the
317
11
local government as a whole; that a public hearing at the
request of the Wllliamson Road Area Business Association,
Inc., (WRABA) for establishment of a Wllliamson Road Area
Service District was held by Council at its meeting on
Monday, April 12, 1993; and Council referred the request
to the City Manager for review and negotiation of an
agreement between the City and the Wllliamson Road Area
Business Association.
It was further advised that the Service District
proposal in general, requires that Council adopt a
measure which will authorize the following:
Establish a Williamson Road Area Service
District.
Levy and collect an additional ten cents per
$100.00 of assessed value on taxable real
property contained within the proposed Service
District boundaries.
Designate the Williamson Road Area Business
Association, Inc., as its agent to receive the
proceeds of the additional tax levy and carry
out a p~vgram that will enhance governmental
services in the proposed District.
It was pointed out that a service agreement has been
negotiated with the Williamson Road Area Business
Association, Inc., and major points are as follows:
Term of the agreement is July 1, 1993, to
June 30, 1994, with automatic renewal for
three additional fiscal years (three year
Sunset clause).
Overhead expense~, including salaries,
benefits, office expenses, audit fees and
rents cannot exceed 60 per cent of funds
received from the City.
Work program and budget shall be approved by
the City Manager in each year funds are
received from the City.
Disbursements shall be made in three payments
to WRABA on or after November 5, May 5, and
July 15.
318
ACTION:
Actual net revenues disbursed to WRABA shall
mean actual tax receipts to the City, less two
per cent for the City's administrative costs
incurred in collecting and administering such
receipts.
The Municipal Auditor, or independent auditor,
shall have access to WRABA's books and records
during regular office hours.
City Council shall designate one
representative to be an ex-officio member of
the Board of Directors of WRABA with full
voting rights and privileges.
The City Manager recommended that Council authorize
the following:
Establishment on July 1, 1993, of a Williamson
Road Area Service District, which boundaries
shall be as set forth on a map dated April 30,
1993, entitled "Williamson Road Area Service
District, Roanoke, Virginia".
Levy and collect, as of July 1, 1993, an
additional real property tax on real property
contained within the abovereferenced
boundaries, in the amount of ten cents per
$100.00 of assessed value.
Execution by the City Manager of a service
agreement to implement the Williamson Road
Area Service District program.
(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:
(~31472) AN ORDINANCE amending the Code of the City
of Roanoke (1979), as amended, by the addition of a new
Division 7, Williamson Road Area Service District,
consisting of new sections 32-103, Williamson Road Area
service district created, 32-103.1, Additional tax
imposed, 32-103.2, Williamson Road Area service district
defined, 32-103.3, Purposes of tax, and 32-103.4, Other
powers and duties, to Article II, Real Estate Taxes
Generally, of Chapter '32, Taxation, to provide for
imposition of an additional real estate tax in a
Williamson Road Area Service District created and defined
319
AC?ION=
by this ordinance, for the use of additional tax revenues
collected pursuant to this ordinance and for other powers
and duties of the City with respect to such Wllliamson
Road Area Service District; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 54,
page 542.)
The motion was seconded by Mr. McCadden and adopted
by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ....
NAYS: None--
offered the following emergency
Mrs. Bowles
ordinance:
(#31473-051793) AN ORDINANCE authorizing a certain
agreement to be entered into with Wllliamson Road Area
Business Association, Inc., for a term of one (1) year
co~encing July 1, 1993, to provide that Williamson Road
Area Business Association, Inc., shall act on behalf of
the City to foster economic advancement and development
of the Williamson Road Area Service District heretofore
created by City Council; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 538.)
Mrs. Bowles moved the adoption of Ordinance No.
31473-051793. The motion was seconded by Mr. McCadden
Musser,
-0.
and adopted by the following vote:
AYES: Council Members Harvey, McCadden,
White, Bowles, Fitzpatrick and Mayor Bowers
NAYS: None-
REPORTS OF COMMITTEES:
JEFFERSON CENTER-SCHOOLS-EQUIPMENT: Council Member
William White, Sr., Chairperson of a committee appointed
by the Mayor to tabulate bids received for providing
furniture for City offices at the Jefferson Center, 540
Campbell Avenue, S. W., presented a written report on
behalf of the committee, recommending that Council reject
both bids received by the City; and that the City Manager
be authorized to take the following actions:
32O
Purchase all furniture and equipment
manufactured by Virginia Correctional
Enterprises as covered by its bid documents,
less items that can be deleted by each
department to be replaced by items that now
exist and can be re-used in the new facility,
which can be accomplished through the City's
ability to buy from the State on its yearly
contracts as set forth in the Procurement
Code.
Engineering Department will alter the contract
documents to be bid in individual packages as
to supplier, such as audio-visual equipment
and exercise equipment, etc., with all bids to
be opened by the General Services Manager and
purchase orders to be issued where possible,
and all bids over purchase order limits will
be reported to Council for approval along with
the report on purchase orders on the contract
package.
(For full text, see report on file in the City Clerk's
Office.)
The City Attorney submitted a written report
advising that at the April 26, 1993 meeting of Council,
two bids were received for furnishing and installing
furniture and equipment at the Jefferson Center; that
prior to public opening of the bids, the City Clerk
advised that one of the bids had been opened in her
office by mistake, therefore, and he was asked to opine
whether the bid must be rejected for this reason.
It was noted that according to information received
from the Clerk's Office, the bid from Virginia
Correctional Enterprises was received in the Clerk's
Office on Friday, April 23; that the envelope which
contained the bid had a return address on the outside,
but no indication that a bid was inside; that after the
envelope was opened and the nature of its contents was
discovered, the envelope was resealed; and the bid
information was not revealed to any person outside of the
Clerk's Office.
It was pointed out that pursuant to Section 10.1 of
the Code of the City of Roanoke (1979), as amended,
instructions to bidders, which were utilized in this
case, required that each bidder place in the lower left-
hand corner of the envelope the project title and in the
321
upper left-hand corner of the envelope the bidder's name,
its license class, Virginia Contractor number and mailing
address; and in addition, instructions also advised that
the City would not be responsible for premature opening
of bids not properly addressed and identified.
The City Attorney explained that as a general
principle, a bid which does not comply with bid
requirements is not responsive and may not be accepted by
the public body; that in determining whether a bid
complies with bid requirements, the City is permitted to
waive formalities (See Taylor v. County Board, 189 Va.
472, 53 S.E.2d 34 (1949); that an informality is a minor
defect or variation from exact requirements of the bid
documents which does not substantially affect the price,
quality, quantity or delivery schedule for the goods
being procured and does not compromise the integrity of
the competitive process (See Section 23.1-3, Code of the
City of Roanoke (1979), as amended; and in this
particular case, the bidder's failure to comply with the
envelope-labeling requirements clearly did not affect
price, quality, quantity or delivery schedule.
Mr. Dibling further explained that under the
circumstances of this situation and given the fact that
the bids were not disclosed, he is of the opinion that to
accept the bid would not compromise the integrity of the
competitive process, therefore, Council may, in its
discretion, waive the informality.
The City Attorney advised that although the
envelope-labeling requirement is clearly spelled out in
the Instructions to Bidders, it is recommended that.the
City Administration consider taking other steps to help
prevent recurrence of the problem; that one alternative
would be to include among the bid documents a check list
which would make specifio reference to this requirement;
and consideration should also be given to providing pre-
labeled envelopes of a distinctive color which would be
clearly identified as a bid for those interested in
submitting bids.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
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ACTION:
ACTION:
(#31474-051793) A RESOLUTION rejecting all bids for
providing furniture and equipment for the Jefferson
Center and authorizing the purchase of certain items of
furniture and equipment from Virginia Correctional
Enterprises.
(For full text of Resolution, see Resolution Book No. 54,
page 539.)
Mr. Musser moved the adoption of Resolution No.
31474-051793. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None- 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
STREETS ANDALLEYS: Ordinance No. 31441 permanently
vacating, discontinuing and closing that portion of a ten
foot alley located between properties identified as Lot
8 and Lot 7, bearing Official Tax Nos. 1012707 and
Official Tax No. 1012706, respectively, as it runs from
Luck Avenue toward the rear corners of Lots 7 and 8 for
a distance of 57.7 feet, having previously been before
the Council for its first reading on Monday, May 10,
1993, 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:
(#31441-051793) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 524.)
Mr. Musser moved the adoption of Ordinance No.
31441-051793. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None 0.
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ZONING: Ordinance No. 31442 amending certain
proffered conditions contained in Ordinance No. 28088 and
amended by Ordinance No. 28168 on property known as
Official Tax No. 1271014, located at 2311Sanford Avenue,
S. W., described as Lot 13, Block 1, Map of Colonial
Heights; and rezoning Official Tax No. 1271013, from RM-
1, Residential Multi-family, Low Density District, to C-
2, General Commercial District, subject to certain
proffered conditions, having previously been before the
Council for its first reading on Monday, May 10, 1993,
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:
(931442-051793) AN ORDINANCE to amend Sections
36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as
amended, and Sheet No. 127, Sectional 1976 Zone Map, City
of Roanoke, in order to amend certain conditions
presently binding upon certain property previously
conditionally rezoned from C-l, Office District, to C-2,
General commercial District, and to rezone certain other
property within the City, from RM-1, Residential Multi-
family, Low Density District, to C-2, General Commercial
District, subject to certain conditions proffered by the
applicant.
(For full text of Ordinance, see Ordinance Book No. 54,
page 525.)
Mr. White moved the adoption of Ordinance No. 31442-
051793. The motion was seconded by Mr. Harvey and
adopted bY the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ....... 7.
NAYS: None 0.
ZONING: Ordinance No. 31443 amending conditions
previously proffered on the rezoning of a parcel of land
located at 3342 Melrose Avenue, N. W., described as
Official Tax No. 2660417, having previously been before
the Council for its first reading on Monday, May 10,
1993, read and adopted .on its first reading and laid
over, was again before t~e body, Mrs. Bowles offering the
following for its second reading and final adoption:
(t31443-051793) AN ORDINANCE to amend Sections
36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as
amended, and Sheet No. 266, Sectional 1976 Zone Map, City
of Roanoke, in order to amend certain proffered
324
ACTION:
ACTION:
conditions presently binding upon certain property
previously conditionally rezoned from C-2, General
Commercial District, roLM, Light Manufacturing District.
(For full text of Ordinance, see Ordinance Book No. 54,
page 527.)
Mrs. Bowles moved the adoption of Ordinance No.
31443-051793. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers 7.
NAYS: None, O.
ZONING: Ordinance No. 31444 rezoning a tract of
land lying on the south side of Salem Turnpike, N. W.,
and being the northeasterly 166 feet of Official Tax No.
2640311, the westerly 84 feet of Official Tax No. 2640351
and extending back between parallel lines 350 feet, said
tract containing 2.00 acres, from LM, Light Manufacturing
District, to C-2, General Commercial District, subject to
certain conditions proffered by the applicant, having
previously been before the Council for its first reading
on Monday, May 10, 1993, read and adopted on its first
reading and laid over, was again before the body, Mr.
McCadden offering the following for its second reading
and final adoption:
(#31444-051793) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 264, 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. 54,
page 528.)
Mr. McCadden moved the adoption of Ordinance No.
31444-051793. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None ' 0.
325
ACTION~
pARKS ANDRECREATION-ARMORY/STADIUM-SPECIALPE~ITS-
SPORTS COMPLEX: Ordinance No. 31448 accepting a bid for
concession privileges at the River's Edge Sports Complex,
for a monthly fee of $833.33, or 20 per cent of gross
receipts per month, whichever is greater, for a three
year term beginning June 1, 1993, and ending May 31,
1996, with an option to renew the contract for two
additional years, upon certain terms and conditions,
having previously been before the Council for its first
reading on Monday, May 10, 1993, read and adopted on its
first reading and laid over, was again before the body,
Mr. McCadden offering the following for its second
reading and final adoption:
(#31448-051793) AN ORDINANCE accepting a bid for
concession privileges at the River's Edge Sports Complex,
upon certain terms and conditions; and authorizing
execution of the requisite concession agreement.
(For full text of Ordinance, see Ordinance Book No. 54,
page 529.)
Mr. McCadden moved the adoption of Ordinance No.
31448-051793. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ....... 7.
NAYS: None'
®
CITY CODE-TAXES: Ordinance No. 31462 amending and
reordaining Section 32-16., Levied; ratg, Code of the City
of Roanoke (1979), as amended, to provide for reduction
of the real estate tax rate from $1.25 on every one
hundred dollars of fair market value to $1.23 on every
one hundred dollars of fair market value, effective
January 1, 1994, having previously been before the
Council for its first reading on Monday, May 10, 1993,
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:
(#31462-051793) AN ORDINANCE amending and
reordaining Section 32-16, Levied; rate, Code of the City
of Roanoke (1979), as amended, to provide for reduction
of the real estate tax rate from $1.25 on every one
326
ACTIONz
ACTION:
hundred dollars of fair market value to $1.23 on every
one hundred dollars of fair market value; and providing
for an effective date.
(For full text of Ordinance, see Ordinance Book No. 54,
page 530.)
Mr. Harvey moved the adoption of Ordinance No.
31462-051793. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, and Mayor Bowers 5.
NAYSz Council Members Fitzpatrick and Bowles ..... 2.
CITY CODE-TAXES: Ordinance No. 31463 amending and
reordaining Section 32-122, Levied; rate, Code of the
City of Roanoke (1979), as amended, to provide for
reduction of the real estate and tangible personal
property tax rate applicable to public service
corporations, said rate to be established at $1.23 on
every one hundred dollars of such assessed value,
effective January 1, 1994, having previously been before
the Council for its first reading on Monday, May 10,
1993, 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:
(#31463-051793) AN ORDINANCE amending and
reordaining Section 32-122, Levied; rate, Code of the
City of Roanoke (1979), as amended, to provide for
reduction of the real estate and tangible personal
property tax rate applicable to public service
corporations; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 54,
page 531.)
Mr. Harvey moved the adoption of Ordinance No.
31463-051793. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, and Mayor Bowers ........ 5.
NAYS: Council Members Fitzpatrick and Bowles ..... 2.
327
ii
ACTION:
CITY CODE-TAXES-DISABLED PERSONS: Ordinance No.
31465 amending and reordaining Section 32-86, Levied;
rate, Code of the City of Roanoke (1979), as amended, by
~dding a new subsection (c) increasing from $22,000.00 to
$24,000.00 the total combined annual income threshold for
qualification for real estate tax exemption for elderly
and disabled persons for the tax year commencing July 1,
1994; having previously been before the Council for its
first reading on Monday, May 10, 1993, 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:
(#31465-051793) AN ORDINANCE amending and
reordaining Section 32-86, Levied; rate, Code of the City
of Roanoke (1979), as amended, by adding a new subsection
(c) increasing from $22,000.00 to $24,000.00 the total
combined annual income threshold for qualification for
real estate tax exemption for elderly and disabled
persons for the tax year commencing July 1, 1994; and
amending current subsection (c) of Section 32-86,
Financial eliqibllit¥, to redesignate such subsection as
subsection (d).
(For full text of ordinance, see Ordinance Book No. 54,
page 532.)
Mr. Musser moved the adoption of Ordinance No.
31465-051793. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, and Mayor Bowers ....... 5.
NAYS: Council Members Fitzpatrick and Bowles ..... 2.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
ARMORY/STADIUM-ROANOKE CIVIC CENTER: Mr. McCadden
requested that the City Manager and the City Attorney
report to Council within two weeks with regard to the
authority of the Roanoke Civic Center Commission in
connection with marketing Victory Stadium.
OTHER HEARINGS OF CITIZENS:
328
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ACTION:
ACTS OF ACKNOWLEDGEMENT-SCHOOLS-YOUTH: Ms.
Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that
she was pleased to observe participation by students from
local high schools in the City's Government Day
activities. She expressed the hope that most of the
students will return to Roanoke and become positive
citizens.
At 3:10 p.m., the Mayor declared the meeting in
recess.
At 4:07 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden 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, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers .... 7.
NAYS: None.
COMMITTEES-PLANNING: The Mayor advised that there
is a vacancy on the City Planning Commission, created by
the resignation of John B. Ferguson, for a term ending
December 31, 1994, and called for nominations to fill the
vacancy.
Mrs. Bowles placed in nomination the name of
Gilbert E. Butler, Jr.
There being no further nominations, Mr. Butler was
elected as a member of the City Planning Commission to
fill the unexpired term of John B. Ferguson, resigned,
ending December 31, 1994, by the following vote:
FOR MR. BUTLER: Council Members Harvey, McCadden,
Musser, White, Bowles, Fitzpatrick and Mayor Bowers .... 7.
329
COMMITTEES-YOUTH: The Mayor advised that the
three-year terms of J. Stephen Shepard and Thomas H.
Miller as members of the Youth Services Citizen Board
will expire on May 31, 1993, and called for nominations
to fill the vacancies.
Mrs. Bowles placed in nomination the names of
J. Stephen Shepard and Thomas H. Miller.
There being no further nominations, Messrs. Shepard
and Miller were reelected as members of the Youth
Services Citizen Board, for terms of three years, each,
ending May 31, 1996, by the following vote:
ACTION:
FOR MESSRS. SHEPARD AND MILLER: Council Members
Harvey, McCadden, Musser, White, Bowles, Fitzpatrick and
Mayor Bowers- 7.
There being no further business, the Mayor declared the
meeting adjourned at 4:10 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
330
REGULAR WEEKLY SESSION ......
ROANOKE CITY COUNCIL
May 24, 1993
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 24, 1993,
at 2:00 p.m., the regular meeting hour, with Vice-Mayor Beverly T.
Fitzpatrick, Jr., presiding, pursuant to Rule 1, ~egular 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., Elizabeth T. Bowles, Delvis O. McCadden and Vice-Mayor
Beverly T. Fitzpatrick, Jr. - ........... 5.
ABSENT: Mayor David A. Bowers and Council Member James G.
Harvey, II- - ....... 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wtlburn C.
Dibling, Jr., City Attorney; James D. Grisso, Acting Director of
Finance; and Mary F. Parker, City Clerk.
A moment of silent prayer was observed in memory of Mr.
Herbert Weaver, father-in-law of Mayor Bowers, who passed away on
May 22, 1993.
The meeting was opened with a prayer by Vice-Mayor
Fitzpatrick.
The Pledge of Allegiance to the Flag of the United States of
America was led by Vice-Mayor Fitzpatrick.
BID OPENINGS
CITY NURSING HOME: Pursuant to notice of
advertisement for bids for interior painting at the City
Nursing Home, 4365 Coyner Springs Road, said bids to be
received by the City Clerk until 1:30 p.m., on Monday,
May 24, 1993, and to be held, opened and read before the
Council at 2:00 p.m., on that date, or as soon thereafter
as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no
representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of
the bids; whereupon, the City Clerk opened and read the
one bid received by the City from Williams Painting and
Remodeling, Inc., in the amount of $37,653.00.
331
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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
Mrs. Bowles and adopted.
The Mayor appointed William White, Sr., Chairperson,
Corinne B. Gott and Robert F. Hyatt as members of the
committee.
PARKS AND RECREATION-ARMORY/STADIUM: Pursuant to
notice of advertisement for bids for construction of the
Maher Field parking lot, said bids to be received by the
City Clerk until 1:30 p.m., on Monday, May 24, 1993, 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
TOTAL AMOUNT
Adams Construction Co.
S. R. Draper Paving
Co., Inc.
L. H. Sawyer Paving
Co., Inc.
H & S Construction Co.
$31,943.00
34,108.00
36,296.50
39,873.00
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 Mrs. Bowles and adopted.
The Mayor appointed William White, Sr., Chairperson,
William F. Clark and Lynnis B. Vernon as members of the
committee.
WATER RESOURCES: Pursuant to notice of
advertisement for bids for Carvins Cove Phase II Water
Improvements, Contract B-2, said bids to be received by
the City Clerk until 1:30 p.m., on Monday, May 24, 1993,
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
332
ACTIONt
ACTION:
the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER
TOTAL PRICE
Aaron J. Conner General
Contractor, Inc.
Ramey, Inc. ~
G. L. Howard, Inc.
Yates Construction Co., Inc.
$2,473,685.40
2,782,834.00
2,822,392.00
3,080,066.00
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. McCadden and adopted.
The Mayor appointed William White, Sr., Chairperson,
Kit B. Kiser and M. Craig Sluss 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 a personnel matter, being the appointment of
a specific public officer.
STATE HIGHWAYS-ECONOMIC DEVELOPMENT-GRANTS-
LEGISLATION-TRAFFIC: A report of the City Manager
advising that Intermodal Surface Transportation
Efficiency Act Enhancement Projects (ISTEA) were signed
into Federal law in December 1991, representing a new
vision for transportation in America, was before Council.
It was explained that the law provides for $155
billion to be spent nationwide to rebuild and redirect
surface transportation over a six year period from 1992
through 1997; that the intent of ISTEA is to move out of
the interstate highway age and to encourage states and
localities to make transportation decisions that cause
communities to be more livable, environmentally sound,
and economically efficient; and for the first time,
Federal transportation legislation places the power of
333
ACTZON=
decision-making with State and local government, the
purpose of which is to allow increased flexibility and
public input on how Federal funds can be spent to solve
local transportation problems.
It was advised that ISTEA requires State Departments
of Transportation to set aside a minimum of ten per cent
of their Surface Transportation Program allocation each
year to be used for ten specific types of "enhancement"
activities that enhance the physical environment; that in
Virginia, this minimum ten per cent figure equals $7.5
million in enhancement funds; and while any one locality
is not assured of these funds, every effort will be made
by the Virginia Department of Transportation (VDOT) for
an equitable distribution of the funds.
The City Manager pointed out that enhancement
projects may be initiated by any group or individual and
need to be formally endorsed by Council prior to
submittal to the Virginia Department of Transportation;
and six applications have been received by the City and
are being evaluated by City staff prior to submitting a
prioritized list to Council on June 14, 1993, following
consideration by the City Planning Commission on June 2,
1993.
The City Manager further advised that while ISTEA
does not require a public hearing by localities, it is
recommended that Council concur in the City
Administration advertising a public hearing for Monday
June 14, 1993, in order to provide maximum citizen input
into the selection of projects to be recommended to the
State for funding under the new transportation
enhancement program.
Mrs. Bowles moved that Council concur in the
recommendation of the City Manager and that a public
hearing be scheduled for Monday, June 14, 1993, at 7:30
p.m., or as soon thereafter as the matter may be heard.
The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council Members Musser,
McCadden and Vice-Mayor Fitzpatrick---
White, Bowles,
NAYS: None 0.
(Mayor Bowers and Council Member Harvey were absent.)
334
ACTION:
COUNCIL: A report of the City Manager requesting
that Council meet 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.
(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 to 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. Musser and adopted by the following
vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Vice-Mayor Fitzpatrick .................... 5.
NAYS: None 0.
(Mayor Bowers and Council Member Harvey were 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-SEWERSANDSTORMDRAINS-PARKSANDRECREATION:
The City Manager submitted a written report advising that
a minor land slide or slope failure of the roadway
embankment for the J. B. Fishburn Parkway occurred in mid
March 1993, which was, i~ all probability, caused bysnow
melt from the 'Blizzard. of '93' and subsequent heavy
rainfall; and this excess water uontributed to saturating
the soil at the site which, in turn, reduced the strength
of the roadway embankment, thereby causing the failure.
It was further advised that repairs to the slide
area which began on Monday, March 29, 1993, by Aaron J.
Conner General Contractor, Inc., were completed on
335
ACTION:
Friday, April 29; that storm drainage improvements which
were constructed include a new pipe system to intercept
surface drainage and carry it to a stable outfall
location away from the slide area; that an underdrain
system was also constructed to collect groundwater and
direct it to a stable outfall which will reduce the
volume of water acting upon the roadway embankment; that
reconstruction of the roadway embankment was necessary to
restore the roadway cross section; that failed embankment
material was removed and placed downslope from the slide;
that a blanket underdrain was installed beneath the new
material to enhance drainage of any groundwater which may
be present; and all disturbed areas were restored with
seed and mulch.
The City Manager recommended that Council authorize
payment to Aaron J. Conner General Contractor, Inc., in
the amount of $98,868.64, as full payment for repair work
to the J. B. Fishburn Parkway; and appropriate $98,868.64
from existing accounts to an account to be established in
the Capital Projects Fund entitled, J. B. Fishburn
Parkway Repairs, as follows:
appropriate $37,449.00 to General
Transfers to Capital Projects Fund,
No. 001-004-9410-9508;
Fund,
Account
increase General Fund Revenue Estimate by
$37,449.00 for Street Maintenance, Account No.
001-020-1234-0650; and
transfer $61,420.00 from Public Improvement
Bonds - Series 1992 - Storm Drains, Account
No. 008-052-9700-9176.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31475-052493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General and Capital Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 545.)
Mr. Musser moved the adoption of Ordinance No.
31475-052493. The motion was seconded by Mr. White and
adopted by the following vote:
336
ACTION:
AYES: Council Members Musser, White, Bowles,
McCadden and Vice-Mayor Fitzpatrick ........... 5.
NAYS: None 0.
(Mayor Bowers and Council Member Harvey were absent.)
Mr. Musser offered the following emergency
ordinance:
(#31476-052493) AN ORDINANCE ratifying an emergency
award of a contract for repair work to the J. B. Flshburn
Parkway, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 546.)
Mr. Musser moved the adoption of Ordinance No.
31476-052493. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Vice-Mayor Fitzpatrick ............ 5.
NAYS: None 0.
(Mayor Bowers and Council Member Harvey were absent.)
BUDGET-SEWERS AND STORM DRAINS-PUBLIC WORKS: The
City Manager submitted a written report advising that the
City is occasionally confronted with the need to make a
variety of minor repairs, maintenance or improvements to
City owned storm drains; that many times the projects are
unanticipated and therefore, unbudgeted; and a majority
of the projects are of limited scope and require
relatively small expenditures.
It was further advised that whenever possible, City
forces are utilized to complete minor projects; that on
occasion, situations arise where City forces are unable
to provide the needed repair services due to schedule
constraints or the need for specialized skills or
equipment; that under these circumstances, it is in the
City's best Interest to use private local contractors to
complete the needed work; that funding for the majority
of minor projects comes from capital improvement reserve
accounts, or unobligated funds and contingencies for
larger capital projects; that expenditures cannot be made
directly from capital Improvement reserve accounts; and
in order to facilitate timely completion of certain minor
capital projects, improve accountability, and provide for
337
i
1!
ACTION=
prompt payment of contractors performing the work, it is
proposed to establish and maintain an account entitled,
"Miscellaneous Storm Drain Projects".
The City Manager recommended that Council approve
the establishment of an account entitled, "Miscellaneous
Storm Drain Projects", to facilitate the completion of
minor drainage repair projects and establish an initial
funding allocation to the account of $15,000.00; and that
the Acting Director of Finance be authorized to establish
an account entitled, "Miscellaneous Storm Drain Projects"
and appropriate $15,000.00 to said account from Capital
Improvement Reserve - Storm Drains, Account No. 008-052-
9575-9176.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31477-052493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 547.)
Mr. White moved the adoption of Ordinance No. 31477-
052493. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Vice-Mayor Fitzpatrick ......... 5.
NAYS: None
(Mayor Bowers and Council Member Harvey were absent.)
BUDGET-LIBRARIES-EQUIPMENT-CONSULTANTS REPORTS: The
City Manager submitted a written report advising that
advertisement of public notice to seek engineering
services to design a humidity control and related design
deficiencies for the main library was advertised in the
Roanoke Times & World News on Monday, March 15, 1993;
that only one firm, Lawrence Perry and Associates, Inc.,
of Roanoke, responded to the request; and after an
interview was conducted, it was established that Lawrence
Perry and Associates, Inc., was experienced and qualified
to perform the service.
338
It was explained that the project consists of a
survey of the existing heating, cooling, and ventilating
system in the main library, determining the areas of the
system that need correction and designing those
corrections, and designing a humidity control system for
the entire building complex, advising that on the first
floor, Jefferson Street side of the building, there has
never been sufficient conditioned air delivered to
adequately heat or cool the area from the main entrance
to the Bullitt Avenue face of the building.
The City Manager recommended that Council award a
full services engineering contract, in a form to be
approved by the City Attorney, to Lawrence Perry and
Associates, Inc., for humidity control and related work
to correct heating, ventilating, and air conditioning
deficiencies at the main library, for the following lump
sum fee:
Preliminary survey of existing systems
to determine extent of corrections
required $ 6,700.00
Contract documents and contract
administration 13,300.00
Total contract amount, including
advertising, out of town travel
if necessary, and extra sets of
contract documents
*Additional services and
reimbursable expenses
20,000.00
5,000.00
Total $25,000.00
*Expenditure of this funding will be administratively
approved.
It was further recommended that $25,000.00 be
appropriated from General Fund, Capital Maintenance and
Equipment Replacement Program, to an. account to be
established in the Capital Projects Fund entitled,
"Library Humidity Control" Account No. 001-004-9410-9508.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
339
ACTION:
(#31478-052493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General and Capital Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 548.)
Mrs. Bowles moved the adoption of Ordinance No.
31478-052493. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Musser,
McCadden and Vice-Mayor Fitzpatrick---
White, Bowles,
NAYS: None-
(Mayor Bowers and Council Member Harvey were absent.)
Mr. McCadden offered the following resolution:
(~31479-052493) A RESOLUTION authorizing the
execution of a contract with Lawrence Perry and
Associates, Inc., to provide engineering services for
renovation of the existing heating, cooling and
ventilation system and design of a humidity control
system for the Roanoke City Main Library.
(For full text of Resolution, see Resolution Book No. 54,
page 550.)
Mr. McCadden moved the adoption of Resolution No.
31479-052493. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Vice-Mayor Fitzpatrick ...... 5.
NAYS: None'
(Mayor Bowers and Council Member Harvey were absent.)
RECYCLING-EQUIPMENT-BUDGET-REFUSE COLLECTION: The
City Manager submitted a written report with regard to
bids received by the City for the purchase of recycling
carts, advising that the Capital Maintenance and
Equipment Replacement Program identified the need for
additional recycling carts for replacement purposes and
to provide carts in areas where routes were adjusted due
to the new curbside/ alleyside collection program in the
Solid Waste Management Department.
34O
ACTION=
ACTIONs
The City Manager recommended that Council accept the
bid submitted by Zarn, Inc., for 707 recycling carts, in
the amount of $14,988.40; that $14,988.40 be appropriated
from Capital Maintenance and Equipment Replacement
Program to Recycling, Account No. 001-052-4211-9015; and
reject the other bid received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31480-052493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 550.)
Mr. Musser moved the adoption of Ordinance No.
31480-052493. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Vice-Mayor Fitzpatrick ......... 5.
NAYS: None-
(Mayor Bowers and Council Member Harvey were absent.)
Mr. Musser offered the following resolution:
(#31481-052493) A RESOLUTION accepting a bid made
to the City for providing curbside recycling carts; and
rejecting the other bid made to the City.
(For full text of Resolution, see Resolution Book No. 54,
page 551.)
Mr. Musser moved the adoption of Resolution No.
31481-052493. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Vice-Mayor Fitzpatrick- 5.
NAYS= None' - O.
(Mayor Bowers and Council Member Harvey were absent.)
341
ACTION~
PARKS AND RECREATiON-ARMORY/STADIUM-YOUTH-SPECIAL
PERMITS: The City Manager submitted a written report
advising that the Crestar Soccer Tournament will be held
on Saturday and Sunday, May 29 and 30, 1993, at the
River's Edge sports Complex; that the Roanoke Valley
Youth Soccer Club, Inc., will conduct the Tournament for
the seventh year coinciding with Festival in the Park and
has requested permission to sell soccer related
merchandise during the soccer tournament; that Section
24-5, Concessions, of the Code of the City of Roanoke
(1979), as amended, provides that only Council may allow
concession privileges unless publicly advertised for
sealed bids; and the contract concessionaire deals
primarily with the sale of food and beverage items at
events.
The City Manager recommended that Council grant
concession privileges to the Roanoke Valley Youth Soccer
Club, Inc., to sell soccer related merchandise at the
River's Edge Sports Complex on May 29 and 30, 1993,
during the Crestar Soccer Tournament.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency ordinance:
(#31482-052493) AN ORDINANCE awarding limited
concession privileges at River's Edge Sports Complex,
upon certain terms and conditions; authorizing the
execution of the requisite concession agreement; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 552.)
Mr. White moved the adoption of Ordinance No. 31482-
052493. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Vice-Mayor Fitzpatrick- . ..... 5.
NAYS: None
(Mayor Bowers and Council Member Harvey were absent.)
BUDGET-FDETC-YOUTH: The City Manager submitted a
written report advising that the Governor's Employment
and Training Department (GETD) has allocated Title II-B
funds to the Fifth District Employment and Training
342
ACTION=
Consortium (FDETC) which will provide training and
support for the Summer Youth Employment Program; that the
City of Roanoke is the grant recipient for FDETC funding;
that Council must appropriate the funding for all grants
received by the Consortium; and the Governor's Employment
and Training Department sent the Fifth District
Employment and Training Consortium Notice of Award No.
93-03-09, in the amount of $470,285.00, in Title II-B for
Program Year 1992.
The City Manager recommended that Council
appropriate the Fifth District Employment and Training
Consortium's funding for Title II-B, in the amount of
$470,285.00, and increase the revenue estimate by
$470,285.00 in accounts to be established by the Acting
Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31483-052493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 553.)
Mr. Musser moved the adoption of Ordinance No.
31483-052493. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Musser,
McCadden and Vice-Mayor Fitzpatrick .....
NAYS: None ...........
White, Bowles,
5.
-0.
(Mayor Bowers and Council Member Harvey were absent.)
BUDGET-FDETC: The City Manager submitted a written
report with regard to funding for the Fifth District
Employment and Training Consortium (FDETC) - National
Grant Award, advising that on February 8, 1993, Council
Member Harvey requested that the City Manager report to
Council with regard to the City rendering assistance to
Roanoke City residents who have lost, or will lose, their
Jobs and are not generally qualified for current
programs.
343
The City Manager further advised that "economically
disadvantaged" persons are served under Job Training
Partnership Act (JTPA) Title II programs and dislocated/
laid off workers receive assistance under the JTPA Title
III - Economic Dislocation and Worker Adjustment
Assistance (EDWAA); that terminated workers, individuals
who have been terminated from employment due to plant
closures and substantial lay-offs, are eligible to
receive needed services under the EDWAA Program; that
activities allowable under the EDWAA are as follows:
provision of information on services available, emergency
assistance, intake/assessments, career counseling and
supportive services, occupational training and
retraining, and relocation assistance; that funds are
received to address the needs of EDWAA applicants through
the Fifth District Employment and Training Consortium;
and this year's formula funding allocation totaled
$238,890.00, plus $69,199.00 from the State Office of the
Virginia Employment Commission (VEC).
It was explained that current resources have been
exhausted; that the Consortium does not have sufficient
resources to address all requests for retraining and
other needed services of all EDWAA eligible applicants
seen by the agency; and both Gardner-Denver and First
Union have requested the Consortium's assistance in
providing services to those workers affected and needing
assistance.
It was further explained that to address the needs
of affected workers, a JTPA Title III National Reserve
Grant (NRG) application was completed by the Fifth
District Employment and Training Consortium and submitted
to the U. S. Department of Labor (DOL) by the Governor's
Employment and Training Department (GETD); that the
Consortium received Notice of Award No. E-01, in the
amount of $793,161.00 from the GETD; that National
Reserve Grant funds for this project under Category I,
Intrastate Dislocated Worker Project, will be used to
provide services to 382 workers estimated to be in need
of services, with estimates of persons eligible and
likely to participate in the program ranging from 350 to
390; and services to be provided will include the
following: individual and group counseling, employment
skills training, resume writing, Job and interview
skills, tuition payment assistance for occupational
training/retraining, relocation assistance, financial
counseling, and Job referrals.
344
The City Manager advised that local need for the
services to be provided under the grant prescribe that
the project be operational no later than June 1, 1993;
that the City is the grant recipient for Consortium
funding; and Council must appropriate funds for all
grants received by the Fifth District Employment and
Training Consortium.
The City Manager recommended that Council
appropriate Fifth District Employment and Training
Consortium funding for the National Reserve Grant, in the
amount of $793,161.00, and increase the revenue estimate
by $793,161.00 in accounts to be established by the
Acting Director of Finance.
(For full text, see report on file tn the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31484-052493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 554.)
Mrs. Bowles moved the adoption of Ordinance No.
31484-052493. The motion was seconded by Mr. Musser.
As an employee of Dominion Bank, and as an
individual who may not have a Job as of June 30, 1993,
the Vice-Mayor inquired if he should abstain from voting
on the matter; whereupon, the City Attorney advised that
the Vice-Mayor is in a class of persons who will be
potentially affected, therefore, he would be permitted to
cast his vote after advising of a potential conflict.
Ordinance No. 31484-052493 was adopted by the
following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Vice-Mayor Fitzpatrick ............. 5.
NAYS: None 0.
(Mayor Bowers and Council Member Harvey were absent.)
345
11
11
BUDGET-FEE COMPENDIUm-EMERGENCY MEDICAL SERVICES:
The City Manager submitted a written report in connection
with increasing the Emergency Medical User Fee rate,
advising that emergency medical service user fee rates
are currently $100.00 for basic life support and $130.00
for advanced life support, which is 14.5 per cent below
the level related to the full cost of providing the
service:
1991-92 1992-93
Cost of Service
User Fee Charges
User Fees Collected
$1,106,755.00 $1,182,235.00
951,520.00 1,015,200.00'
542,000.00 548,000.00*
*Projected charges and revenues at current rates
It was explained that the collection rate for
emergency medical services user fee charges average 50 to
60 per cent; that the rate results from medicare and
medicaid transport fee allowances set lower than the City
EMS user fee, thereby prohibiting total collections; that
the collection rate is also impacted by the large number
of low income and transient population currently
utilizing the service; that the revenue projection for
fiscal year 1992-93 is $548,000.00, while expenditures
are projected to be $1,182,235.00; that the demand for
service increases three to five per cent annually,
thereby increasing annual operational cost to maintain
adopted levels; and the increase is attributed to the
increase in the low income and elderly resident
population and an increase in dependent care (nursing
homes) and medical (clinics) facilities in the City.
It was advised that the emergency medical services
budget for fiscal year 1993-94 requires additional
temporary wage funding for training/continuing education
leave for full time employees to attend classes for
maintaining and enhancing State required certifications,
training leave for EMS employees to attend State mandated
OSHA classes, and 24-hour shift coverage based on a
projected three to five per cent annual increase in
service demand.
It was pointed out that new OSHA requirements
regarding employees who come into contact with blood and
other potentially infectious materials in the performance
of their Job duties necessitate the provision of
additional funding for personal protective equipment,
spare uniforms, vaccinations, annual training and lab
work for employees suffering exposures; and the 1993-94
346
ACTION:
budget for Roanoke Emergency Medical Services (REMS)
volunteers requires additional funding because operating
costs have increased with the demand for EMS, placing a
financial strain on the organization and its ability to
maintain service.
The City Manager recommended that Council increase
emergency medical user fees, effective June 1, 1993, to
$115.00 for basic life support and $190.00 for advanced
life support transports; and appropriate $128,000.00 to
the Department of Emergency Medical Services' fiscal year
1993-94 budget, as follows:
EMS Training Coordinator (including
fringes) funded as of October 1993
24,800.00
Emergency Medical Dispatcher Training
(one time cost)
15,000.00
Training Program and shift coverage
57,957.00
OSHA mandates relative ~o infectious
disease
7,000.00
Roanoke Emergency Medical Services
Supplement
$8,243.00 offset budget reduction
and $15,000.00 additional supplement
23~243.00
Total $128,0,90.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31485-052493) AN ORDINANCE to amend and reordain
certain sections of .~ the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 556.)
Mr. White moved the adoption of Ordinance No. 31485-
052493. The motion was seconded by Mr. McCadden and
adopted by the following vote:
347
ACTION:
ACTION=
AYES: Council Members Musser, White, Bowles,
McCadden and Vice-Mayor Fitzpatrick .... ----5.
NAYS: None 0.
(Mayor Bowers and Council Member Harvey were absent.)
Mr. White offered the following resolution:
(#31486-052493) 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. 54,
page 557.)
Mr. White moved the adoption of Resolution No.
31486-052493. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Vice-Mayor Fitzpatrick- · ..... 5.
NAYS: None-
(Mayor Bowers and Council Member Harvey were absent.)
ACTING DIRECTOR OF FINANCE:
(For full text, see financial report on file in the City
Clerk's office.)
With regard to future financial reports, Mr. White
requested that summary comments be provided by the Acting
Director of Finance on major expenditure categories.
Mr. White moved
received and filed.
McCadden and adopted.
that the financial report be
The motion was seconded by Mr.
BUDGET~CITY EMPLOYEES-CITY INFORMATION SYSTEMS-
INTERNAL SERVICE FUND: The Acting Director of Finance
submitted a written report advising that the City's
Internal Service Fund accounts for certain service
providing departments; that the service providing
departments within the Internal Service Fund recover the
AUDITS/FINANCIAL REPORTS: The Acting Director of
Finance submitted the financial report for the City of
Roanoke for the month of April 1993.
348
ACTION:
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, however, usage sometimes varies from original
estimates; and at this time during each fiscal year, it
is necessary to make certain appropriation transfers
between several of the departments to provide sufficient
funds for internal services for the remainder of the
fiscal year, however, and the transfers do not increase
the original overall budget, but reallocates certain
amounts between departments.
The Acting Director of Finance recommended that
Council approve certain transfers as set forth in a
proposed budget ordinance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31487-052493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 558.)
Mr. Musser moved the adoption of Ordinance No.
31487-052493. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Vice-Mayor Fitzpatrick ............ 5.
NAYS: None 0.
(Mayor Bowers and Council Member Harvey were absent.)
BUDGET-CITY EMPLOYEES: The Acting Director of
Finance submitted a written report with regard to the
following adjustments to salary budgets as requested by
the City Manager, representing personnel lapse funds for
fiscal year 1992-93:
349
"General Fund:
Total Budgeted Personnel Lapse ($875,000.00)
First Quarter Personnel Lapse
Reduction $241,801.00
First Quarter Revenue
Adjustment ( 49,716.00)
Net First Quarter Reduction 192,085.00
Fourth Quarter Personnel Lapse
Reduction $682,915.00
Fourth Quarter Revenue
Adjustment ( 0)
Net Fourth Quarter Reduction
682,915.00
Personnel Lapse Balance
Remaining after Fourth Quarter
$0
ACTION:
INTERNAL SERVICE FUND:
Total Budget Personnel Lapse
First Quarter Personnel Lapse
Reduction
Fourth Quarter Personnel Lapse
Reduction
($100,000.00)
37,000.00
63,000.00
Personnel Lapse Balance Remaining
after Fourth Quarter S0 ..._"
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(%31488-052493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General and Internal
Service Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 562.)
Mrs. Bowles moved the adoption of Ordinance No.
31488-052493. The motion was seconded by Mr. McCadden
and adopted by the following vote:
350
ACTION
AYES: Council Members Musser,
McCadden and Vice-Mayor Fitzpatrick
White, Bowles,
NAYS: None-
-0.
(Mayor Bewers and Council Member Harvey were absent.)
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
CITY CODE-ZONING-SPECIAL PERMITS: Ordinance No.
31467 amending Section 36.1-108, Special exception uses,
by the addition of new subsection (15), of Chapter 36.1,
Zoning, of the Code of the City of Roanoke (1979), as
amended, to permit medical clinics within the RM-1
District, having previously been before the Council for
its first reading on Monday, May 17, 1993, 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:
(#31467-052493) AN ORDINANCE amending Section 36.1-
108, Special exception uses, by the addition of new
subsection (15), of Chapter 36.1, Zoning, of the Code of
the City of Roanoke (1979), as amended, to permit medical
clinics within the RM-1 District.
(For full text of Ordinance, see Ordinance Book No. 54,
page 540.)
Mrs. Bowles moved the adoption of Ordinance No.
31467-052493. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Vice-Mayor Fitzpatrick ......... 5.
NAYS: None
(Mayor Bowers and Council Member Harvey were absent.)
SPECIAL PERMITS-PARKSANDRECREATION-ARMORY/STADIUM-
FESTIVAL IN THE PARK: Ordinance No. 31470 waiving the
standard rental fee for use of Victory Stadium by Roanoke
Festival in the Park, and granting certain concession
rights in conjunction with such event on May 28, 1993,
351
ACTION=
and June 4, 1993, having previously been before the
Council for its first reading on Monday, May 17, 1993,
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:
(#31470-052493) AN ORDINANCE waiving the standard
rental fee for use of certain facilities for Roanoke
Festival in the Park, and granting certain concession
rights in conjunction with such event.
(For full text of Ordinance, see Ordinance Book No. 54,
page 541.)
Mr. Musser moved the adoption of Ordinance No.
31470-052493. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES~ Council Members Musser, White, Bowles,
McCadden and Vice-Mayor Fitzpatrick- - ..... 5.
NAYS: None--
(Mayor Bowers and Council Member Harvey were absent.)
CITY CODE-ZONING-TAXES-SPECIAL PERMITS: ordinance
· I No. 31472 amending the Code of the City of Roanoke
: (1979), as amended, by the addition of a new Division 7,
' Williamson Road Area Service Dlstric~, to provide for
imposition of an additional real ustate tax in a
Williamson Road Area Service District created and defined
by said ordinance, for the use of additional tax revenues
collected pursuant to said ordinance and for other powers
and duties of the City with respect to such Williamson
Road Area Service District, effective July 1, 1993,
having previously been before the Council for its first
reading on Monday, May 17, 1993, 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:
(%31472-052493) AN ORDINANCE amending the Code of
the City of Roanoke (1979), as amended, by the addition
of a new Division 7, .Williamson Road Area Service
District, consisting of new sections 32-103, Wiiliamsun
Road Are--aservice district create~, 32-103.1, Additional
tax imposed, 32-103.2, Willi~mson Road Area service
district defined, 32-103.3, Purposes of tax, and 32-
103.4, Other powers and duties, to Article II, Real
Estate Taxes Generally, of Chapter 32, Taxation, to
provide for imposition of an additional real estate tax
352
ACTION=
in a Williamson Road Area Service District created and
defined by this ordinance, for the use of additional tax
revenues collected pursuant to this ordinance and for
other powers and duties of the City with respect to such
Wllliamson Road Area Service District; and providing for
an effective date.
(For full text of Ordinance, see Ordinance Book No. 54,
page 542.)
Mrs. Bowles moved the adoption of Ordinance No.
31472-052493. The motion was seconded by Mr. Muuser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Vice-Mayor Fitzpatrick ....... 5.
NAYS: None
(Mayor Bowers and Council Member Harvey were absent. )
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYORAND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS:
YOUTH-HOUSING/AUTHORITY-COMPLAINTS-COUNCIL: Evelyn
D. Bethel, 35 Patton Avenue, N. E., advised that last
week students from Roanoke City high schools
participating in Student Government Day were exposed to
the worst of politics in action when one of Roanoke's
elected officials publicly showed disrespect and complete
disregard toward residents of the Gainsboro community by
offering disparaging remarks which could be considered
racist; therefore, she stated that it is her obligation
to speak for the Gainsboro community by reminding Council
of what, other than the Music Center, is located in
Gainsboro. She called attention to the architectural,
cultural, and historical significance of the Gainsboro
community such as St. Andrew's Catholic Church, Arts at
Old First, and a Head Start Day Care Center, all of which
are included on the National and Virginia Landmarks
Registers. She stated that also located in Gainsboro are
the Gainsboro Library, Norfolk Southern, the former Stone
Printing building and the Hotel Roanoke/proposed
Conference Center.
353
In the future, Ms. Bethel requested that all
citizens, especially elected officials, state accurate
facts about what is "over there" in Gainsboro.
Helen E. Davis, 35 Patton Avenue, N. E., appeared
before Council in support of the abovestated position of
her sister. She advised that for months, the Historic
Gainsboro Preservation organization has posed questions
to City Council about Gainsboro without receiving answers
or comments, and it is shocking and disturbing because
certain comments which were made to high school students
show disrespect for a native Roanoker who returned to the
City of Roanoke and became an active and positive
influence in many phases of community life. She stated
that the response seemed to show that elected officials
do not care about the segment of Roanoke's population
that is elderly, the working poor, and those who are
black. She added that elected officials should be held
responsible and accountable for their words and deeds,
and the manner in which Gainsboro residents were treated
before students participating in Student Government Day
leaves much to be desired.
At 2:50 p.m., the Mayor declared the meeting in
recess ·
At 3:30 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 Bowers and Council Member Harvey.
ACTION: COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden 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 Musser, White, Bowles,
McCadden and Vice-Mayor Fitzpatrick- - ..... 5.
NAYS: None
(Mayor Bowers and Council Member Harvey were absent.)
354
HUMAN DEVELOPMENT-CITY EMPLOYEES: The City Manager
advised that pursuant to Section 7 of the City Charter,
he was pleased to recommend the appointment of Glenn D.
Radcliffe as Director of Human Development, effective
July 12, 1993. Mr. Musser offered the following
resolution:
(#31489-052493) A RESOLUTION confirming the City
Manager's appointment of Glenn D. Radcliffe as Director
of Human Development.
(For full text of Resolution, see Resolution Book No. 54,
page 567.)
ACTION=
Mr. Musser moved the adoption of Resolution No.
31489-052493. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Vice-Mayor Fitzpatrick .................... 5.
NAYS: None 0.
(Mayor Bowers and Council Member Harvey were absent.)
There being no further business, the Vice-Mayor declared the
meeting adjourned at 3:40 p.m.
APPROVED
ATTEST:
City Clerk
Vice-Mayor
355
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
June 7, 1993
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 7, 1993,
at 2:00 p.m., the regular meeting hour, with Mayor David A. Bowers
presiding, pursuant to Rule 1, Regular Meetinqs, of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William White, Sr., Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Delvis O.
McCadden, Howard E. Musser and Mayor David A. Bowers 7.
ABSENT: None
5
OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City
Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Acting Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Randy J.
Garner, Pastor, Valley View Wesleyan Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
DIRECTOR OF FINANCE-PENSIONS-ACTS OF
ACKNOWLEDGEMENT-CITY EMPLOYEES-AUDITS/FINANCIAL REPORTS:
On behalf of the Government Finance Officers Association
of the United States and Canada, the Mayor presented a
Certificate of Achievement for Excellence in Financial
Reporting to James F. Grisso, Acting Director of Finance,
in recognition of the City of Roanoke's Comprehensive
Annual Financial Report for the fiscal year ended
June 30, 1992; and a Certificate for Financial Reporting
Achievement to Jesse A. Hall, Administrator of City
Accounting Services, and to Joyce L. Sparks, Retirement
Accountant, for the City of Roanoke Pension Plan.
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
356
ACTION:
to discuss vacancies on~ various authorities, boards,
commissions and committees appointed by Council; and a
personnel matter, being the appointment of a specific
public officer·
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ..... 7.
NAYS: None
ROANOKE CIVIC CENTER-ARMORY/STADIUM: A report of
the City Manager advising that information was requested
during the May 17, 1993-, Council meeting regarding a
definition of authority for the Civic Center Commission
over marketing, booking and contract negotiations for
Victory Stadium; and Chapter 24 of the Code of the City
of Roanoke (1979), as amended, addresses both the
operation and utilization of Victory Stadium, as well as
authority of the Civic Center Commission, was before
Council.
The City Manager further advised that Civic Center
Commission authority is defined by Section 24-48 of the
City Code and deals solely with Civic Center facilities;
that Victory Stadium is under the authority of the City
Manager generally, with rates and charges prescribed by
City Council; and the Civic Center Manager has been
requested to assist the Manager of Parks and Recreation
with marketing of Victory Stadium.
(For full text, see report on file in the City Clerk's
Office.)
357
ACTION:
ACTION:
ACTION:
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 White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ..... 7.
NAYS: None 0.
COUNCIL: A communication from the Vice-Mayor
requesting that Council meet 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.
(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. Fitzpatrick and adopted by the
following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ..... 7.
NAYS: None' 0.
PENDING LIST: A list of items pending from
February 10, 1991 through May 24, 1993, 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 White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None 0.
358
ACTION:
ACTION=
COMMITTEES-PLANNING:. A report of qualification of
Gilbert E. Butler, Jr., as a member of the City Planning
Commission to fill the unexpired term of John B.
Ferguson, resigned, 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.
Fitzpatrick and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None
®
COMMITTEES-YOUTH: A report of qualification of
J. Stephen Shepard as a member of the Youth Services
Citizen Board, for a term ending May 31, 1996, was before
Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ...... 7.
NAYS: None 0.
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 $243,881.00
from the Capital Maintenance and Equipment Replacement
Fund to provide computer systems for secondary guidance
counselors, library circulation systems for the middle
schools, division-wide furniture replacement, renovation
of tennis courts and purchase of bleachers at William
Fleming High School, expansion of the parking lot at
Patrick Henry High School, and purchase of four
maintenance vehicles, was before Council.
359
ACTION:
A report of the Acting Director of Finance advising
that he has reviewed the request of the School Board
which will appropriate the remaining balance of the
Board's allotment of $1,285,089.00 of Capital Maintenance
and Equipment Replacement Program funds for fiscal year
1993, and recommending that Council concur in the
request, was also before the body.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. White offered the following emergency budget
ordinance:
(#31490-060793) AN ORDINANCE to amend and reordaln
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 1.)
Mr. White moved the adoption of Ordinance No. 31490-
060793. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers --7.
NAYS: None 0.
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of $16,546.00
for the Regional Adult Literacy and Basic Education
Program, to provide funds for operation of adult literacy
programs, advising that the appropriation represents
additional funds received for flow-through contracted
services subcontracted by the Fifth District Employment
and Training Consortium, was before Council.
The School Board further requested the closeout of
31 completed grants, for a net decrease of $272,104.00.
A report of the Acting Director of Finance advising
that the request to close grants is necessary inasmuch as
the grant programs have been completed; that the Regional
Adult Literacy and Basic Education grant fund
appropriations were adopted by Council on May 17, 1993;
and recommending that Council concur in the request of
the School Board, was also before the body.
(For full text, see reports on file in the City Clerk's
Office.)
360
ACTION:
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31491-060793) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 2.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31491-060793. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
PUBLIC WORKS-FLOOD REDUCTION/CONTROL: The Assistant
City Manager presented an oral briefing with regard to
damage to City property as a result of the storm that
occurred on Friday, June 4, 1993. He advised that when
the storm hit, City crews were in the process of
installing a canopy and stage at Victory Stadium for a
Festival In The Park concert, and the stage and canopy
were destroyed, at a replacement cost of approximately
$10,000.00. He stated that the E-911 telephone number
was used extensively; that some computer problems were
experienced as a result of lightning, and during the
storm and immediately thereafter, over 2,000 calls were
received in the dispatch center, which included over 500
calls for electric power outages throughout the Roanoke
Valley that were faxed to Appalachian Power Company. He
further stated that Grounds Maintenance crews worked in
shifts all weekend, and from dusk to dawn, City workers
tried to make public safety a first priority by
barricading streets with dislocated power lines and
clearing blocked streets and alleys. He added that 20
crews are currently working on cleanup efforts which will
take quite some time to.complete, and he was pleased to
report that all but one street in the City of Roanoke is
open. He advised that citizens are requested to bring
wood separate from their refuse to the curb, which will
be picked up as a part of the regular refuse collection
route, and any citizens with blocked driveways or blocked
361
access to their property as a result of fallen City
trees, are requested to notify the City. He stated that
120 City trees have fallen, including those in parks;
that the play area in Eureka Park was damaged due to
fallen trees, and trees have fallen on the basketball
court at Lakewood Park. He advised that he was pleased
to report that there was no significant damage to City
buildings, no City employees were injured in the line of
duty, and Public Works crews will determine what can be
done to address the needs of citizens regarding the
removal of brush, trees, etc. He explained that on April
19, the City began a one-time City-wide collection of
brush following the blizzard of March 1993 and collected
279 dump truck loads of debris; however, as a result of
the recent storm, estimates indicate that there will be
between 300 and 400 truck loads of brush to be removed
from City property. He added that ways to address
cleanup in the neighborhoods and the possibility of
hiring outside contractors, if necessary, is being
considered by City staff.
In summary, the Assistant City Manager advised that
considering the seriousness of the storm, its impact on
the City could have been much worse, and the cost to the
City will be primarily in the area of brush and limb
cleanup, as well as the loss of many City trees. He
commended Public Works crews for their work during the
past weekend and for the work they will continue to do in
cleanup efforts.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-SEWERS AND STORM DRAINS: The City Manager
submitted a written report advising that Sewage Treatment
Plant maintenance accounts have been exhausted due to
such items as emergency repair of a prlmaryclarifier and
current repairs to a raw sewage pump; that the cost of
materials for the primary clartfier was $40,000.00, with
labor provided by Sewage Treatment Plant personnel; that
funding is needed to complete fiscal year 1992-93; and
funds are available in the Sewage Treatment Plant
Chemical Account No. 003-056-3160-2045, due to
identification and use of a new, less expensive chemical
and source of supply.
The City Manager recommended that Council authorize
the transfer of $40,000.00 from Chemical Account No. 003-
056-3160-2045 to Maintenance Account No. 003-056-3155-
2048.
(For full text, see report on file in the City Clerk's
Office.)
362
ACTION:
ACTION:
Mr. Harvey offered the following emergency budget
ordinance:
(#31492-060793) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Sewage Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 5.)
Mr. Harvey moved the adoption of Ordinance No.
31492-060793. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers-- 7.
NAYS: None
e
BUDGET-BRIDGES: The City Manager submitted a
written report advising that the fiscal year 1992-93
General Fund budget earmarked $426,750.00 for use in the
Bridge Maintenance/Replacement Program and funding was
placed in Transfers to Other Funds - Capital Projects
Fund, Account No. 001-004-9310-9508; that to date
$408,230.00 has been encumbered, leaving a remaining
balance of $18,520.00; and the remaining funds are needed
to pursue the Bridge Maintenance/Replacement Program with
needs currently estimated at more than $13,800,000.00.
The City Manager recommended that Council authorize
the Acting Director of Finance to transfer $18,520.00
from Transfers to Other Funds - Capital Projects Fund,
Account No. 001-004-9310-9508, to Bridge Repair/
Replacement Engineering, Account No. 008-052-9548-9003.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31493-060793) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 6.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31493-060793. The motion was seconded by Mr. Musser and
adopted by the following vote:
363
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers 7.
NAYS: None 0.
SEWERS AND STORM DRAINS-CONSULTANTS REPORTS-'
EASEMENTS: The City Manager submitted a written report
advising that acceptance of a bid submitted by Mattern &
Craig, Inc., for engineering services to provide design
and contract administration for certain corrective action
projects in connection with sanitary sewer infiltration/
inflow was authorized by Council on March 8, 1993; that
it was expected that most of the work would consist of
replacing existing pipe in place, therefor, additional
easements would not be necessary; that further
investigation revealed that five areas exist where it is
in the best interest of the City to relocate sections of
the sewer; and contract documents provide for that
eventuality, but do not provide the necessary funds.
It was further advised that design for Project PC-1
is now complete; that Mattern & Craig, after negotiations
with engineering staff, has agreed to provide documents
for the five ~asements at a cost of $400.00, each, and to
provide the necessary marking to exhibit the proposed
location to affected property owners at a cost of
$300.00, for a total additional cost of $2,300.00; that
it will be necessary for Council to approve Change Order
No. 1 in order to pay for the work; and current contract
status is as follows:
Original contract amount
Amount of Change Order No.
$140,800.00
2,300.00
New contract amount
_$143,100.00.
The City Manager recommended that Council authorize
issuance of Change Order No. 1, to the City's engineering
contract with Mattern & Craig, Inc., in the amount of
$2,300.00; and appropriate $2,300.00 from Sewer Fund
Retained Earnings to Sewershed I/I Project Design - Phase
I, Account No. 003-056-8459-9055,
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
364
ACTION:
(#31494-060793) A RESOLUTION approving the City
Manager's issuance of Change Order No. 1 to the City's
engineering contract with Mattern & Craig, Inc., for
engineering services to provide design and contract
administration for the Sewershed Corrective Action
Project.
(For full text of Resolution, see Resolution Book No. 55,
page 7.)
Mr. Musser moved the adoption of Resolution No.
31494-060793. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ........ 7.
NAYS: None 0.
CITY EMPLOYEES-HUMAN DEVELOPMENT-PERSONNEL
DEPARTMENT: The City Manager submitted a written report
advising that Chapter 2, Section 2-45, Leave of Absence
for Educational Purposes, Code of the City of Roanoke
(1979), as amended, provides for a leave of absence for
educational purposes for City employees, upon certain
terms and conditions.
It was further advised that an employee in the
City's Social Services Department, Edward F. Jennings,
Jr., who is completing the first year of his graduate
work has requested a leave of absence for educational
purposes, beginning August 31, 1993 through December 20,
1993, 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 salary paid to Mr. Jennings.
The City Manager recommended that Council approve a
Leave of Absence for Educational Purposes for Edward F.
Jennings, Jr., and that he be authorized to execute an
agreement, subject to approval by the City Attorney, to
provide for the terms of such educational leave of
absence.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
365
ACTION:
(#31495-060793) ARESOLUTION approving the granting
of a leave of absence for educational purposes to
Edward F. Jennings, Jr., an employee of the Department of
Social Services.
(For full text of Resolution, see Resolution Book No. 55,
page 7.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31495-060793. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ..... 7.
NAYS: None
e
Mr. White advised that on September 14, 1992,
Council approved a leave of absence for educational
purposes for a City employee in the Social Services
Department, at which time he requested that the City
Manager develop written guidelines for determining
eligibility for educational leave, and inquired as to the
status of such written guidelines. The Assistant City
Manager advised that the Personnel Department is in the
process of developing written guidelines, which
assignment will be made a priority.
Mr. White advised that he would vote in favor of the
present request for educational leave, however, unless
written guidelines have been developed, he would be
unwilling to support future requests for educational
leave.
BUDGET-WORKERS COMPENSATION-CITY EMPLOYEES: The
City Manager submitted a written report with regard to
funding for Workers' Compensation Wage and Medical
Accounts, advising that Workers' Compensation
expenditures for fiscal year 1992-93 are projected to be
$883,421.85 which is based on actual expenditures through
April 30, 1993, and projected expenditures for May and
June 1993; that funding to cover fiscal year 1992-93
Workers' Compensation claims is inadequate, with accounts
having a projected shortfall of $283,421.85; and Workers'
Compensation medical payments have been much higher than
anticipated due to an increased number of claims by
public safety employees.
366
ACTION:
The City Manager recommended that Council authorize
transfer of funds to cover Workers' Compensation claims,
in the amount of $883,422.00, to certain departmental
Workers' Compensation accounts from the following
sources:
001-004-9110-1135
001-004-9110-1140
001-024-3310-1002
001-024-3310-8005
001-004-9110-1125
001-004-9140-2177
001-004-9140-2170
001-050-3112-1155
001-050-3113-1155
(Workers' Comp - Wages) $300,000.00
(Workers' Comp - Medical) 300,000.00
(Jail - Regular Salaries) 44,060.00
(Jail - Recovered Costs) 49,040.00
(Residual Fringe Benefits) 104,066.00
(Misc. - Flood of '92) 34,656.00
(Miscellaneous Refunds) 35,000.00
(Police - UniformAllow.) 10,000.00
(Police - Uniform Allow.) 6,600.00
Total Funding Sources ~88~,422.00,
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31496-060?93) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 8.)
Mr. Musser moved the adoption of Ordinance No.
31496-060793. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ...... 7.
NAYS: None- 0.
PURCHASE/SALE OF PROPERTY-HOUSING/AUTHORITY-HOTEL
ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The City
Manager submitted a written report advising that on
Monday, March 22, 1993, Council appropriated $3 million
for the purpose of contracting with the Roanoke
Redevelopment and Housing Authority for purchase of
approximately 4.7 acres of land from the Virginia Tech
Real Estate Foundation at the Hotel Roanoke site; that
the Housing Authority will purchase four parcels of land
367
ACTION:
which is described on a map accompanying to the report;
that a contract between the Housing Authority and the
City is necessary in order to provide funding; and major
components of the contract include the following:
The Housing Authority shall pay $2 million to
Virginia Tech Real Estate Foundation at
closing. The additional $1 million will be
paid when the Conference Center bonds are
issued.
The City has the right to approve any
subsequent sale of the property and receive
any proceeds from the sale.
The City has the right to approve any
subsequent lease of the property and to
receive the revenues from the leases. It is
anticipated that the Housing Authority will
lease the site to the Commission for its
building and to the Commission and the Hotel
for parking.
The City Manager recommended that he be authorized
to enter into a contract between the City of Roanoke and
the Roanoke Redevelopment and Housing Authority to permit
the Housing Authority to purchase approximately 4.7 acres
of land at the Hotel Roanoke site from Virginia Tech Real
Estate Foundation, advising that funding is available
from a previous appropriation of funds by Council on
March 22, 1993, in the Capital Projects Fund, Account No.
008-002-9654-9001.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31497-060793) A RESOLUTION authorizing execution
of an agreement between the City of Roanoke and the
Roanoke Redevelopment and Housing Authority providing for
the appropriation of funds for the purchase of
approximately 4.679 acres of land at the Hotel Roanoke
site in connection with the Hotel Roanoke Conference
Center Project.
(For full text of Resolution, see Resolution Book No. 55,
page 11.)
Mr. Harvey moved the adoption of Resolution No.
31497-060793. The motion was seconded byMr. Fitzpatrick
and adopted by the following vote:
368
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers --7.
NAYS: None
Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired
if the property pertaining to that which is owned by
Virginia Tech Real Estate Foundation; whereupon, the City
Attorney responded in the affirmative.
STATE HIGHWAYS-INDUSTRIES-ECONOMIC DEVELOPMENT: The
City Manager submitted a written report advising that
Ordinance No. 31392-032293 which was adopted by Council
on March 22, 1993, authorized the City Manager to file an
application with the Virginia Department of
Transportation (VDOT) for up to $450,000.00 in Industrial
Access Road Funds to provide industrial access by
construction of a new roadway to serve Transkrit Corp.
within the Roanoke Centre for Industry and Technology;
that VDOT considers the road as envisioned by the City as
two separate requests for Industrial Access Funds; that
Transkrit Corporation is a qualifying industry that
provides the needed capital investment to build Blue
Hills Circle from Blue Hills Drive to 100 feet into their
property; and the remaining portion of Blue Hills Circle
is dependent upon the City obtaining another qualifying
industry on the remaining 39 acres within three years.
The City Manager recommended that Council repeal
Ordinance No. 31392-032293 and that two ordinances be
adopted authorizing him to file an application with the
Virginia Department of Transportation for Industrial
Access Funds up to $450,000.00 for two roadway extensions
to Transkrit Corporation and a future industry; and that
the Commonwealth Transportation Board be assured that the
City will, if such project is approved, provide adequate
right-of-way, adjustment of any utilities affected by
construction, future maintenance of the roadway through
other funding sources, and guarantee a qualifying
industry for the second road segment within the statutory
limit.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency
ordinance:
(#31498-060793) AN ORDINANCE authorizing the City
Manager to file an application with the Virginia
Department of Transportation for up to $250,000.00 in
Industrial Access Road Funds to provide industrial access
by construction of a new roadway to serve a new industry
369
ACTION=
ACTION=
in the City; setting out the need therefor; making
provision for furnishing the necessary rights-of-way
therefor and for the adjustment of utilities; assuring
that the City will maintain said new roadway; repealing
Ordinance No. 31392-032293, adopted March 22, 1993, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 12.)
Mr. Harvey moved the adoption of Ordinance No.
31498-060793. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ...... 7.
NAYS: None 0.
Mr. Harvey offered the following emergency
ordinance:
(#31499-060793) AN ORDINANCE authorizing the City
Manager to file an application with the Virginia
Department of Transportation for up to $200,000.00 in
Industrial Access Road Funds to provide industrial access
by construction of a new roadway to serve a future
industry in the City; setting out the need therefor;
making provision for furnishing the necessary rights-of-
way therefor and for the adjustment of utilities;
assuring that the City will maintain said new roadway;
assuring that a future qualifying lndustry wlll locate on
the portions of the remaining 34.913 acres served by said
road; repealing Ordinance No. 31392-032293, adopted March
22, 1993, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 14.)
Mr. Harvey moved the adoption of Ordinance No.
31499-060793. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers --7.
.NAYS: None O.
ACTING DIRECTOR OF FINANCE:
370
ACTION:
BUDGET-CITY EMPLOYEESz The Acting Director of
Finance submitted a written report advising that the
fiscal year 1992-93 General Fund budget included funds in
the nondepartmental category for payment of
hospitalization insurance, termination leave and
unemployment wages; that these types of employee fringe
benefits are budgeted in the nondepartmental category
because annual charges for each department are difficult
to accurately project; and the actual costs are charged
to the applicable department in anticipation of budget
transfers to cover said costs.
The Acting Director of Finance recommended that he
be authorized to transfer funds from the nondepartmental
category to applicable departmental budgets, pursuant to
the following summary of total transfers:
General
Fund
Hospitalization Insurance
$249,356.00
Termination (Vacation)
Leave Wages
91,032.00
Unemployment Wages
31~020.00
Total
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31500-060793) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 15.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31500-060793. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ...... 7.
NAYS: None' -0.
371
?!
CITY ATTORNEY:
LEGISLATION-U.S. CONSTITUTION: The City Attorney
submitted a written report with regard to a proposed
amendment to Article V of the United States Constitution,
advising that at its meeting of Council on April 5, 1993,
Council referred to the City Attorney for review a
proposal of the National Association for a Balanced
Federal System that Article V of the United States
Constitution be amended to provide a new method of
amending the Constitution.
Mr. Dtbling advised that the proposal has the
support of the General Assembly of Virginia, Virginia
Municipal League,. Council of State Governments, U.
Conference of Mayors and National Association of
Counties; that Article V of the United States
Constitution currently provides for two methods by which
the Constitution may be amended; viz: first, upon two-
thirds vote of both Houses, Congress may propose
amendments to the Constitution; and second, upon
application of the legislatures of two-thirds of the
states, Congress shall call a constitutional convention
for the purpose of proposing amendments; and in either
case, amendments are valid when ratified by the
legislatures of three-fourths of the states or by
conventions in three-fourths of the states.
It was explained that the proposal of the National
Association for a Balanced Federal System is that three-
fourths of the state legislatures would be permitted to
propose amendments to the Constitution; and such
amendments would thereafter be submitted to Congress and
would become effective after two years unless disapproved
by two-thirds votes of both Houses of Congress.
The City Attorney pointed out that it is not the
intent of the current proposal to make it easier to amend
the Constitution, but to allow the states to propose
amendments without the fear of a constitutional
convention which would have carte blanche to propose
amendments; that the present proposal adheres to the
principle that it should not be easy to amend the
Constitution, imposing the requirement that three-fourths
of state legislatures initiate proposed constitutional
amendments, whereas, the current Article V provision
requires applications from two-thirds of the state
legislatures in order to trigger the amendment process;
that recognizing the need for balance in the Federal
system, the proposal provides for congressional veto upon
372
ACTION:
two-thirds vote of each House; and the current Article V
provision, which requires a constitutional convention
upon application of the legislatures of two-thirds of the
states, does not reserve any veto power to Congress.
Mr. Dibling explained that the proposal to provide
a new mechanism for amending the United States
Constitution is founded upon the premise that the framers
of the Constitution intended a proper balance of power
and authority among national, state and local governments
and that practice has shown the Federal system to be out
of balance.
The City Attorney advised that the current proposal
is not substantive, but procedural, and given that the
proposal restores balance to the Federal system without
infringing upon either of the two current mechanisms for
amending the Constitution or making it easier to amend
the Constitution, he would recommend that Council endorse
the proposal of the National Association for a Balance
Federal System.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31501-060793) A RESOLUTION urging the United
States Congress to propose an amendment to Article V of
the United States Constitution that will enable three-
fourths of the states to amend the Constitution subject
to Congressional veto.
(For full text of Resolution, see Resolution Book No. 55,
page 20.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31501-060793. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers --7.
NAYS: None 0.
REPORTS OF COMMITTEES:
CITY EMPLOYEES-REGISTRAR-PENSIONS: Vice-Mayor
Beverly T. Fitzpatrick, Jr., Chairperson of the City
Council's Personnel Committee, presented a written report
on behalf of the Committee, advising that authorization
373
ACTION:
by Council is needed for payment of a deferred
compensation on behalf of the City Registrar; that the
fiscal year 1993-94 General Fund budget provided for a
deferred compensation payment on behalf of the Registrar,
in the amount of $1,700.00; and transmitting a measure
which will authorize an annual calendar year payment,
effective January 1, 1994, of $1,700.00 for calendar year
1994 and each calendar year thereafter.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinance:
(#31502-060793) AN ORDINANCE establishing a
deferred compensation plan with ICMA Retirement
Corporation on behalf of the incumbent City Registrar;
establishing the amount of the City's contribution on
behalf of such officer; authorizing the Director of
Finance to execute a Joinder Agreement and other
ancillary documents required to implement this ordinance;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 22.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31502-060793. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ...... 7.
A staff report advised that the City purchased six
lots at the intersection of 14th Street and Gladstone
S. E., (a "paper" street) in 1936, 1938 and 1939,
wA~e~s identified as a quarry area on Ci~ records and
was apparently purchased for that purpose, that quarry
operations were terminated many years ago and the area
was allowed to become overgrown; that Gladstone Avenue is
an extremely steep location, which has never been opened,
NAYS: None-
PURChASE/SALE OF pROPERTY-CITY PROPERTY-WATER
RESOURCES: Council Member Elizabeth T. Bowles,
Chairperson of the Water Resources Committee, presented
a written report on behalf of the Committee, with regard
to surplus City-owned property.
374
and in all probability, could not be opened due to
terrain; that public facilities development; i.e.,
street, water, and sewer would be expensive and would
unlikely provide a return if the City participated in the
cost; that no current or future use of the abovedescribed
lots is contemplated by City staff except to act as a
partial buffer screen to the Sewage Treatment Plant; that
since Gladstone Avenue is unopened, none of the lots have
useable frontage on an open public street, with the
possible exception of Lot I which faces 14th Street on
one side, however, the lot consists primarily of the
exposed vertical edge of a limestone ridge which extends
up through all six lots south of and parallel to
Gladstone Avenue; and the lots are zoned RM-1, with an
assessed value of each of the six lots currently applied
by the Department of Real Estate Valuation at $500.00 per
lot, for a total assessed value of $3,000.00.
It was further advised that interest in acquisition
of Lots 5 and 6 has been expressed by an adjacent
property owner; that the property owner may be interested
in bidding on other lots and has inquired as to the
closing of unopened portions of Gladstone Avenue; and the
sale of surplus City-owned property under current policy
requires that Council declare the property for sale to
the highest bidder.
The Water Resources Colmmittee recommended that
Council declare Lots 1 - 6, inclusive, Block 3, Waverly
Place, Official Tax Nos. 4230301 - 4230306, inclusive, to
be surplus to the City's needs and authorize the
appropriate City officials to advertise the land for sale
to the highest bidder stipulating, however, that the City
will not pay any portion of development costs for
providing public accommodations to said lots, and with
the understanding that the highest bidder will be
required to prepare all legal documentation necessary to
transfer title in a form subject to aDproval by the City
Attorney.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31503-060793) A RESOLUTION declaring certain
City-owned property identified as Lots 1 through 6,
Block 3, Waverly Place, and bearing Official Tax Nos.
4230301 through 4230306, inclusive, to be surplus, and
!
375
'!
ACTION:
authorizing the advertisement of such property for sale
to the general public, and authorizing the sale of such
property to the highest bidder.
(For full text of Resolution, see Resolution Book No. 55,
page 23.)
Mrs. Bowles moved the adoption of Resolution No.
31503-060793. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers .............. 7.
NAYS: None
BUDGET-WATER RESOURCES: Council Member Elizabeth T.
committee,
Bowles, Chairperson of the Water Resources
esented a written report on behalf of the committee,
pr ~ ~- ,-,~-~ Fund an~ropriations for water
with re ara to .a~ ~ .....
g s aha chemicals.
purification accounts, overtime wage
A staff report advised that additional water testing
as required by the Safe Drinking Water Act performed by
the Carvins Cove water analysis laboratory has caused an
increase in overtime by two laboratory personnel; that
construction at Carvins Cove has required an increase in
overtime by operators who must double man the plant
during temporary shut-downs and coordination with the
construction while still producing water to meet demand;
and above-average rainfall during the current fiscal year
has caused a rise in turbidity (muddiness) of the raw
water requiring an increase in chemical feed rates at
both Carvins Cove and Falling Creek Filter Plants with an
accompanying increase in chemical costs.
It was further advised that April 13, 1993 Water
Fund Account, Purification Overtime, shows that an annual
expenditure rate of $34,500.00 is necessary in order to
meet operating needs against an initial annual
appropriation of $7,500.00; that Purification - Chemicals
indicates that an annual expenditure rate of $214,818.00
is necessary against an initial appropriation of
$162,818.00; and funds need to be appropriated in the
1993 budget from Retained Earnings to cover
fiscal year
over expenditures and to provide the ~ecessary funds
through June 30, 1993, based on the best available
estimate of the spending rate for overtime and chemicals
during the period.
376
ACTION=
ACTION:
The Water Resources Committee recommended that
Council authorize appropriation of $79,000.00 from Water
Fund Previous Years' Retained Earnings, with $27,000.00
to Water Fund, Account No. 002-056-2170-1003, Overtime,
and $52,000.00 to Water Fund, Account No. 002-056-2170-
2045, Chemicals.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31504-060793) AN ORDINANCE to amend and reordain
certain sections of' the 1992-93 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 24.)
Mrs. Bowles moved the adoption of Ordinance No.
31504-060793. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers-- 7.
NAYS: None 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS: None.
At 2:45 p.m., the Mayor declared the meeting
recess.
At 4:05 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden 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
377
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 White, Bowles, Fitzpatrick,
Harvey, McCadden, Musser and Mayor Bowers ......... 7.
NAYS: None -0.
PLANNING-COMMITTEES-COUNCIL: The Mayor advised that
the term of Delvis O. McCadden as a member of the Fifth
Planning District Commission will expire on June 30,
1993, and called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of
Delvis O. McCadden.
There being no further nominations, Council Member
McCadden was reelected as a member of the Fifth Planning
District Commission, for a term of three years, ending
June 30, 1996, by the following vote:
ACTION:
FOR MR. MCCADDEN:
Bowles, Fitzpatrick, Harvey,
Mayor Bowers
Council Members White,
McCadden, Musser and
ACTION:
COMMITTEES-WRABA: Pursuant to Ordinance No. 31473-
051793, establishing a Williamson Road Service District,
Mr. Harvey moved that Council Member Elizabeth T. Bowles
be appointed as an ex-officio member of the Board of
Directors, Williamson Road Area Business Association.
The motion was seconded by Mr. Musser and unanimously
adopted.
There being no further business, the Mayor declared the
meeting adjourned at 4:10 p.m.
APPROVED
ATTE ST:
City Clerk
Mayor
378
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
June 14, 1993
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 14,
1993, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetinqst 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,
Delvis O. McCadden, Howard E. Musser, William White, Sr., and
Mayor David A. Bowers -7.
ABSENT: None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Acting Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Howard 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 Corporal James E. Brabham with the presentation
of colors in recognition of Flag Day 1993 by Honor Guards of the
Roanoke City Sheriff's Office, the Roanoke City Fire Department and
the Roanoke City Police Department.
ROANOKE CIVIC CENTER-HOCKEY: The Mayor and Council
Member McCadden recognized John Gagnon, President,
Roanoke Express, and Frank Anzalone, Coach, Roanoke
Express, and welcomed professional hockey back to the
Roanoke Civic Center. The Mayor presented Mr. Gagnon and
Mr. Anzalone with a Jefferson Cup with the Seal of the
City of Roanoke imprinted thereon.
BID OPENINGS
SEWERS AND STORM DRAINS: Pursuant to notice
of advertisement for bids for Sewer Replacement Project
PC-l, Peters Creek Sewershed, said bids to be received by
the City Clerk until 1:30 p.m., on Monday, June 14, 1993,
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
379
r!
ACTION=
ACTION:
instructed the City Clerk to proceed with the opening of
the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER
Total Amount
J. P. Turner & Brothers, Inc.
E. C. Pace Co., Inc.
Aaron J. Conner General
Contractor, Inc.
S. C. Rossi & Co., Inc.
F. L. Showalter, Inc.
Dixon Contracting, Inc.
$214,207.75
306,592.00
345,216.00
364,000.00
393,601.00
496,360.00
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 William White, Sr., Chairperson,
Kit B. Kiser and Charles M. Huffine as members of the
committee.
PUBLIC HEARINGS
ZONING: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday, June 14,
1993, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on the request of Robert J. King that Lots
3 and 4, Block 1, Section 2, Map of Oregon Park, located
at the northeast intersection of Shenandoah Avenue and
Westwood Boulevard, N. W., designated as Official Tax
Nos. 2640526 and 2640527, be rezoned from C-l, Office
District, to C-2, General 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 Roanoke Times & World-News on Friday,
May 28, 1993, and Friday, June 4, 1993.
(See publisher's affidavit on file tn the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the request for rezonix,g is to
provide for the use of the two properties for commercial
purposes consistent with those in the surrounding area,
was before Council.
The Planning Commission recommended that Council
approve the request for rezonlng, subject to certain
revised proffered conditions, advising that the proffered
380
ACTION:
uses of the subject property are more in keeping with
those that are permitted in the current zoning district
classification, with the exception of the limited retail
uses as specified, and will provide a good transitional
land use/buffer area between the more intensive
commercial uses along Shenandoah Avenue and the adjoining
single family residential areas to the north of the site.
(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:
(#31505) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
264, 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. 54,
page 66.)
The motion was seconded by Mr. Fitzpatrick.
Donald L. Wetherington, 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. 31505 was
adopted, on its first reading, by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None-- 0.
TRAFFIC-CITY MARKET-BUSES-STATE HIGHWAYS-BRIDGES-
PLANNING-NORFOLK SOUTHERN CORPORATION-VIRGINIA
TRANSPORTATION MUSEUM-HOTEL ROANOKE CONFERENCE CENTER-
DOWNTOWN ROANOKE, INCORPORATED-CAMPBELL COURT PARKING
GARAGE: Pursuant to a report of the City Manager under
date of May 24, 1993, the City Clerk having advertised a
public hearing to be held on Monday, June 14, 1993, at
7:30 p.m., or as soon thereafter as the matter may be
heard with regard to Intermodal Surface Transportation
Efficiency Act (ISTEA) Enhancement Project applications,
the matter was before the body.
381
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News and the
Roanoke Tribune on Thursday, June 3, 1993.
(see publisher's affidavit on file in the City Clerk's
Office.)
The City Manager submitted a written report advising
that the Intermodal Surface Transportation Efficiency Act
(ISTEA) was signed into Federal law in December 1991,
providing new transportation legislation that places the
power of decisionmaking with state and local governments;
that Council was recently provided with a written update
of the ISTEA program and project applications received in
Roanoke; and a City Planning Commission report explains
the ISTEA program and process in detail and concurs in a
certain prioritization of six project applications as
approved at the June 2, 1993, Planning Commission
meeting.
It was further advised that the Virginia Department
of Transportation (VDOT) indicates that while all project
applications require Council's endorsement in order to be
considered for approval by the State, it is not necessary
that project applications be prioritized, rather each
project applicant should prioritize applications (if they
have more than one application); that the City of Roanoke
as an applicant with two projects, Wells Avenue
Enhancements and Pedestrian Bridge Enhancements, only
needs to prioritize those two projects; and by not having
to prioritize all six applications, there may be greater
potential for the State to approve more projects in
Roanoke.
It was explained that resolutions of Council that
would endorse all of the project applications require,
according to VDOT, that the City agree to pay 20 per cent
of the total cost for planning design, right-of-way, and
construction of each project; that if the City
subsequently elects to cancel any project, the City
agrees to reimburse VDOT for the total amount of the
costs expended by VDOT through the date of cancellation;
that if any enhancement project is within VDOT right-of-
way, the department generally will administer the project
and may provide technical and planning assistance; that
if the project is not within VDOT right-of-way, the
project may be administered by the Jurisdiction or agency
requesting the project; that for the four projects for
which the City is not the applicant, the City needs to
secure the 20 per cent cost from the applicant; and all
four project applications have each demonstrated a
confirmed source of funding for the 20 per cent cost.
382
The City Manager recommended that Council endorse
separate applications for each of the following six
project applications; that Council concur in the
prioritization of the City's two applications in the
following order: (1) Wells Avenue Roadway Enhancements
and (2) Enhancement to Pedestrian Bridge over N & W
Railroad Tracks; that the City agree to pay 20 per cent
of total project costs and if the City elects to cancel
any of the six projects, the City would reimburse VDOT
for the total amount of costs associated with any work
completed on the project through the date of cancellation
notice; and that the City enter into a legally binding
agreement with any non-City applicant whose application
is approved by VDOT requiring the applicant to be
responsible for the 20 per cent matching funds.
Applicant
Brief Project Description
1. City of Roanoke
Construct enhancements
for the proposed Wells
Avenue Project to
beautify and link the
Hotel Roanoke/Conference
Center together with the
Gainsboro neighborhood.
2. City of Roanoke
3. Hotel Roanoke L.L.C.
4. Virginia Museum of
Transportation, Inc.
Construct enhancements to
the proposed Pedestrian
Bridge (between Hotel
Roanoke and the Market
Area) to upgrade the
aesthetic and functional
aspects of the bridge.
Construct enhancements at
the Hotel Roanoke to
upgrade the landscaping,
traffic movement, and
building exterior.
Construct cover over
exhibits in railyard at
the museum to protect
rail and transportation
collection from the
natural elements.
383
5. Greater Roanoke Transit
Company
Construct repairs on
interior floors and
ceilings, paint interior
areas, and repair roof
leaks at Campbell Court
Transportation Center to
maintain the facility for
safety and comfort of
transit passengers.
6. Greater Roanoke Transit
Company
Discontinue use of interior
and exterior bus
advertising to beautify
downtown and surrounding
areas.
A report of the City Planning Commission advising
that the Intermodal Surface Transportation Efficiency Act
(ISTEA) was signed into federal law in December, 1991,
providing a new vision for transportation in America;
that the law provides for $155 billion to be spent
nationwide to rebuild and redirect surface transportation
over six years (1992-1997); that the intent of ISTEA is
to move localities out of the interstate highway age and
to encourage states and localities to make transportation
decisions that make communities more livable, that are
environmentally sound and economically efficient; that
for the first time, Federal transportation legislation
places the power of decision-making with State and local
governments; and the purpose is to allow increased
flexibility and public input in how Federal funds can be
spent to solve local transportation problems.
It was explained that ISTEA requires State
departments for transportation to set aside a minimum of
ten per cent of their Surface Transportation Program
allocation each year to be used for the following types
of "enhancement" activities:
provision of facilities for pedestrians and
bicycles,
acquisition of scenic easements and scenic or
historic sites,
scenic or historic highway programs,
landscaping and other scenic beautification,
historic preservation,
384.
ACTION:
rehabilitation and operation of historic
transportation buildings, structures or
facilities (including historic railroad
facilities and canals),
preservation of abandoned railway corridors
(including the conversion and use thereof for
pedestrian or bicycle trails),
control and removal of outdoor advertising,
archaeological planning and research, and
mitigation of water pollution due to highway
runoff.
The City Planning Commission concurred in the
recommendation of its Transportation/Utilities/
Facilities Subcommittee to endorse and concur in the
above stated prioritization of projects.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31506-061493) A RESOLUTION requesting the
Commonwealth Transportation Board to establish a project
for the construction of enhancements to the proposed
Wells Avenue Project.
(For full text of Resolution, see Resolution Book No. 55,
page 25.)
Mrs. Bowles moved the adoption of Resolution No.
31506-061493. The motion was seconded by Mr. Musser.
The Mayor inquired if there were persons in
attendance who would like to address Council in
connection with the matter; whereupon, Kay F. Houck,
Executive Director, Virginia Museum of Transportation,
advised that the Virginia Museum of Transportation, the
official transportation museum of the Commonwealth of
Virgipia, has applied for funds from the Transportation
Enhancement Program of the Intermodel Surface
Transportation Efficiency Act (ISTEA) to secure Federal
reimbursement funds to construct the first phase of the
addition to the present facility, Roanoke's historic
Norfolk & Western Railway freight station. She explained
that the proposed addition will cover the railyard and
protect the valuable rail and transportation collection
from the natural elements, advising that Museum officials
385
fight a losing battle with the environment as they strive
to protect and preserve this historical collection; and
additionally, the proposed structure will allow visitors
to view artifacts in comfort year round. She stated that
the proposed plan will cover the existing tracks to the
freight station, with the first phase of the project to
include landscaping the area, picnic tables and a two-
story deck where visitors can survey the transportation
collection in its entirety, as well as view Norfolk
Southern working tracks located directly behind the
addition. She added that in an effort to restore
economic stability to an area that has suffered from
corporate mergers and business relocations, government
has placed great emphasis on the tourism Industry and its
railroad heritage; that the historic Hotel Roanoke is
being renovated and will be a premier site for western
Virginia; and the newly created Conference Center
combined with the Virginia Museum of Transportation will
have a positive and substantial economic impact on the
City and the entire Roanoke Valley. Realizing the unique
opportunities the Virginia Museum of Transportation has
to offer the visitor and the role the Museum plays in
promoting Roanoke as an historic railroad town, Ms. Houck
request,d that the City address the need to improve the
facility and better preserve historic artifacts by
endorsing the Museum's request for ISTEA funds.
Greene H. Lawson, 2602 Stephenson Avenue, S. W.,
representing the Blue Ridge Bicycle Club consisting of
approximately 160 members, advised that ISTEA
acknowledges the end of the interstate era and the need
for alternative, cooperative and mass transportation. He
called attention to the need for facilities for bicycles
and pedestrians beyond, or in addition to, what is
necessary for safe accommodation which include activities
that enhance the transportation system, more aesthetic
routing or design, and improving existing facilities to
make them more usable for pedestrians and bicyclists. He
stated that examples of such projects are acquisition,
development and construction of separate bicycle and
pedestrian facilities which could be on or off road
rights-of-way in relation to transit facilities, widening
curb lanes or re-striping to create wider curb lanes,
bicycle lockers at railroad stations, bus depots, and
airports, and recreation facilities and bikeways or
pedestrian paths which separate these modes of travel
from motorized transportation systems. He referred to a
specific concern in connection with the widening of
Brandon Avenue from Mudlick Road, S. W., to the Salem
City limits, which is a major east/west bicycle corridor.
He explained that safe bicycle traffic on this roadway in
386
the 1981 Roanoke Valley Bicycle Plan was addressed by
routing traffic on to Brandon Avenue from Mudlick Road to
the Salem City llmits; however, the 1991 plan, which the
Blue Ridge Bicycle Club does not endorse and was not
consulted, provides that the bicycle road turn left on
Mudlick Re~d, right on Deyerle Road and twist and turn on
to five or six more roads, many of which do not have
shoulders and are narrow in width, therefore, bicyclists
are not, and probably will not, use the road in the
future because of the safety factor. He stated that
members of the Blue Ridge Bicycle Club request that
facilities for recreational riders and bicycle commuters
be recommended for the Brandon Avenue project, advising
that the Brandon Avenue project includes a 12-foot wide
turn lane, two ll-foot wide lanes to carry traffic east
and west and additional width to the outside traffic lane
that would allow shared space on Brandon Avenue. He
added that economic development is dependent on having a
viable work force and business location sites; that the
City has one 1.7 mile bicycle road, and like other
progressive cities the size of Roanoke, more developed
recreation and pedestrian bicycle paths and
accommodations are needed on Roanoke's roadways.
Artie M. Levin, 3727 Grandin Road, S. W., emphasized
the need for bicycle accommodations, advising that in
planning new and improved roads, bicycles should be
considered inasmuch as they are an alternative means of
transportation. He added that as City officials look to
the future and the twenty-first century, it is necessary
to provide some type of accommodations for the future
addition of bicycle paths.
No other persons wishing to address Council,
Resolution No. 31506-061493 was adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers -7.
NAYS: None 0.
Mrs. Bowles offered the following resolution:
(#31507-061493) A RESOLUTION requesting the
Commonwealth Transportation Board to establish a project
for the construction of enhancements to the proposed
pedestrian overpass above the Norfolk and Western Railway
387
ACTION:
ACTION:
ACTION:
Company tracks connecting the Hotel Roanoke Conference
Center area and the Historic Market area.
(For full text of Resolution, see Resolution Book No. 55,
page 27.)
Mrs. Bowles moved the adoption of Resolution No.
31507-061493. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None 0.
Mrs. Bowles offered the following resolution:
(#31508-061493) A RESOLUTION requesting the
Commonwealth Transportation Board to establish a project
for the construction of enhancements at the Hotel Roanoke
to upgrade the landscaping, traffic movement and building
exterior.
(For full text of Resolution, see Resolution Book No. 55,
page 28.)
Mrs. Bowles moved the adoption of Resolution No.
31508-061493. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ........ 7.
NAYS: None O.
Mrs. Bowles offered the following resolution:
(#31509-061493) A RESOLUTION requesting the
Commonwealth Transportation Board to establish a project
for the construction of a cover over exhibits at the
Virginia Museum of Transportation, Inc.
(For full text of Resolution, see Resolution Book No. 55,
page 29.)
Mrs. Bowles moved the adoption of Resolution No.
31509-061493. The motion was seconded by Mr. Musser and
adopted by the following vote:
388
ACTION:
ACTION:
AYES: Council Members Bowles, Harvey, McCadden,
Musser, White and Mayor Bowers 6.
NAYS: None
(Vice-Mayor Fitzpatrick abstained from voting.)
Mrs. Bowles offered the following resolution:
(#31510-061493) A RESOLUTION requesting the
Commonwealth Transportation Board to establish a project
for the construction of repairs and maintenance at
Campbell Court Transportation Center.
(For full text of Resolution, see Resolution Book No. 55,
page 30.)
Mrs. Bowles moved the adoption of Resolution No.
31510-061493. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ............... 7.
NAYS: None 0.
Mrs. Bowles offered the following resolution:
(#31511-061493) A RESOLUTION requesting the
Commonwealth Transportation Board to establish a project
to discontinue the use of interior and exterior bus
advertising to beautify downtown and surrounding areas.
(For full text of Resolution, see Resolution Book No. 55,
page 32.)
Mrs. Bowles moved the adoption of Resolution No.
31511-061493. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ............... 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
389
ACTION=
ACTION:
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss vacancies on various authorities, boards,
commissions, and committees appointed by Council; and a
personnel matter, being the appointment of a specific
public officer.
MINUTES: Minutes of the regular meetings of Council
held on Monday, March 1, March 8 and March 22, 1993; and
the Strategic Planning Session held on Thursday,
March 11, 1993, 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 Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ......... 7.
NAYS: None 0.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
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 Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ................ 7.
NAYS: None 0.
MINORITY/WOMEN OWNED BUSINESSES-HOTEL ROANOKE
CONFERENCE CENTER-VIRGINIA TECH: A communication from
the Mayor commending the City Administration and
acknowledging the support of Council in connection with
390
ACTION:
ACTION:
ensuring that Roanoke workers, laborers and contractors
will be involved in the Hotel Roanoke Project, was before
the body.
The Mayor referred to a communication from the City
Manager advising that a pre-qualification/informational
meeting was held on June 7 for representatives of any
business interested in any phase of the work on
renovation and construction of the Hotel Roanoke which
was co-sponsored by the City, Virginia Tech Foundation,
Faison Associates, F. N. Thompson and J. M. Turner
Construction Company.
It was pointed out that at the meeting, an update of
the project was provided, along with an approximate time
schedule, differences between hotel and conference center
ownership, as well as the collective goal of opening the
process to help ensure an equal playing field; and by
requiring every contractor for the Hotel and Conference
Center to be pre-qualified, it is believed that the
opportunity for local, minority and small business
participation will be enhanced.
(For full text, see communication and attachments 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 adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers --7.
NAYS: None 0.
ANNUAL REPORTS-ARCHITECTURAL REVIEW BOARD: A
communication from W. L. Whitwell, Chairperson,
Architectural Review Board, transmitting the Board's
Annual Report for 1992, was before Council.
(For full text, see communication and Annual Report on
file in the City Clerk's Office.)
Mr. Fitzpatrick 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 Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ...... 7.
NAYS: None -0.
391
ACTION:
COUNCIL: A communication from the Vice-Mayor
requesting that Council meet 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.
(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 (1950), as amended. The motion
was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ....... 7.
NAYS: None 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ARMORY/STADIUM: A communication from Donald F.
"Whitey" Taylor requesting time to address Council with
regard to automobile racing at Victory Stadium, was
before the body.
The Mayor advised that prior to the Council meeting,
Mr. Taylor had requested that the item be withdrawn from
the agenda.
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. 6907
$74,537.00 for the Roanoke
Adolescent Summer Health
Partnership to provid~ medical
services to the Roanoke City
Schools in conjunction with
Carilion Health Systems. The
expenses will be reimbursed by
Carilion Health Services.
392
Grant No. 6234
Grant No. 6301
Grant No. 6511
Grant No. 6512
Grant No. 6513
Grant No. 6514
$130,547.00 for the 1993-94
Chapter II program to provide
funds for the Improvement of
instructional services In the
school district. The program
will be reimbursed by Federal
funds.
$850,930.00 for the 1993-94
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.
$800,734.00 for the 1993-94
Flow Through Program to provide
aid for the education and
guidance of handicapped
students. The program will be
reimbursed 100 per cent by
State and Federal funds.
$54,942.00 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 100
per cent by State funds.
$48,219.00 for the Child
Specialty Services Program to
provide funds for the salary
and expenses of the educational
coordinator. The program wlll
be reimbursed 100 per cent by
State funds.
$90,373.00 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.
393
Grant No. 6515
Grant No. 6759
Grant No. 6760
Grant No. 6761
Grant No. 6908
$76,835.00 for the Preschool
Incentive Program to provide
orientation and evaluation for
handicapped students who will
be entering the public school
system for the first time
during the fall. The program
will be reimbursed 100 per cent
by Federal funds.
$128,202.00 for the 1993-94
Adult Basic Education Program
to provide funds for the
education of adults who have
not completed high school. The
program will be funded by
Federal funds and matching
funds.
$322,000.00 for the 1993-94
Perkins Act Program to provide
funds for vocational
instructors and equipment. The
program will be reimbursed 100
per cent by Federal funds.
$168,448.00 for the 1993-94
Apprenticeship Program to
provide on-the-Job and
classroom vocational
instruction for students in the
apprenticeship program. The
program will be funded by State
funds and fees paid by the
participants.
$155,160.00 for the Drug Free
~=hools Program for 1993-94 to
provide counselors, training
workshops and materials for the
operation of a community-wide
alcohol and drug prevention
program. The program will be
reimbursed 100 per cent by
Federal funds.
394
ACTION=
Grant No. 6909
$256,296.00 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 reimbursed 100
per cent by State funds.
A report of the Acting Director of Finance
concurring in the request of the School Board, advising
that funds for the local matches are available in the
following accounts, was also before the body.
Governor's School
Tuition-In-State 030-060-6001-6346-0382 $243,908.00
Matching Funds
030-060-6007-6998-0588
61,600.00
Adult Basic Education
Matching Funds
030-060-6001-6450-0588
22,600.00
(For full text, see communication and report on file in
the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31512-061493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full teat of Ordinance, see Ordinance Book No. 55,
page 33.)
Mr. White moved the adoption of Ordinance No. 31512-
061493. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor ~owers 7.
NAYS: None 0.
Mr. White offered the following emergency budget
ordinance:
!
395
ACTION=
(#31513-061493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 School Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 34.)
Mr. White moved the adoption of Ordinance No. 31513-
061493. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers- --7.
NAYS: None ....... 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BRIDGES-TRAFFIC-STATE HIGHWAYS: The City Manager
submitted a written report advising that the Virginia
Department of Transportation (VDOT) is responsible for
structural maintenance of the Elm Avenue Bridge over
Interstate 581; that repairs are needed on the deck of
the bridge as determined by VDOT bridge inspection, which
plans have been developed by VDOT; and repairs include a
thin epoxy-concrete overlay on the bridge surface which
has a rapid curing time and will allow traffic to quickly
regain use of the bridge after resurfacing.
It was further advised that bids for repair work
were received by VDOT on May 26, 1993; that it is
expected that bids will be presented to the Commonwealth
Transportation Board for approval at its meeting on
June 17, 1993; that the apparent low bidder is Lanford
Brothers Company, in the amount of $76,753.03 and 45
calendar days to complete the work, which is expected to
commence by mid-July;-that traffic impact has been
closely coordinated between VDOT and City staff; that
VDOT's selection of the rapid-curing, epoxy-concrete
overlay material will help to minimize the impact that
construction will have on traffic flow; that the
contractor will not impede normal traffic flow on Elm
Avenue between the hours of 7:00 a.m. to 7:00 p.m.,
Monday through Friday; and the contractor may work from
7:00 p.m. on Friday to 7:00 a.m. on Monday, with the
following exceptions:
396
July 16 - 18, 1993
August 27 - 28, 1993
September 3 - 5, 1993
Commonwealth Games
Beach Party
Labor Day Weekend
It was explained that during the times when the
contractor is working, one lane must be maintained in
each direction on Elm Avenue; that left turns from the 1-
581 off-ramps onto Elm Avenue will be restricted during
the weekends that construction is allowed in an effort to
maintain the flow of through traffic on Elm Avenue; that
northbound 1-581 motorists will be warned in advance by
signage and directed to use the Orange Avenue exit, while
southbound 1-581 traffic will be directed to use the
Wll!iamson Road exit, and additional signage will help
redirect motorists to the downtown area; that Community
Hospital has been advised of and understands the need for
the project; and the City will also use this construction
period as an opportunity to repair traffic signal vehicle
detection equipment on Elm Avenue Bridge, which should
result in a marginal improvement to traffic flow on Elm
Avenue over 1-581.
(For full text, see report on file in the City Clerk's
Office.)
With regard to the traffic congestion on Elm Avenue,
Mr. Harvey requested that City staff study the traffic
pattern to determine what measures can be taken to
correct existing problems and advise Council accordingly,
along with cost estimates.
Without objection by Council, the Mayor advised that
the briefing would be received and filed and made a part
of the official record.
ITEMS RECO~/4ENDED FOR ACTION:
PARKS ANDRECREATION-ARMORY/STADIUM-SPECIALPERMITS-
VA AMATEUR SPORTS/COMMONWEALTH GAMES: The City Manager
submitted a written report advising that the 1993
Commonwealth Games of Virginia will take place at venues
throughout the Roanoke Valley from July 16 - 25; that
Virginia Amateur Sports, Inc., will conduct the multi-
sport festival for the fourth consecutive year; that
amateur athletes that meet State residency requirements
will compete in various sports within an Olympic format;
and Domino's Pizza was secured by Virginia Amateur
Sports, Inc., as a Gold Medal Sponsor for soccer
competition to be held-July 16 - 18, 1993, at River's
Edge Sports Complex.
397
ACTION:
It was further advised that Council was requested by
Virginia Amateur Sports, Inc., to permit Domino's Pizza
to sell food and beverage concessions during the soccer
games; that Section 24-5, Concessions, of the Code of the
City of Roanoke (1979), as amended, states that only
Council may permit concession privileges unless publicly
advertised for sealed bids; and the City concessionaire
has agreed to defer contract rights during the soccer
event as a gesture of cooperation and support of the
Commonwealth Games.
The City Manager recommended that Council grant
concession privileges to Virginia Amateur Sports, Inc.,
to sell pizza, sub type sandwiches and soft drinks at the
River's Edge Sports Complex soccer fields only on
July 16 - 18, 1993, during the Commonwealth Games of
Virginia; and that the City Manager be authorized to
execute a concession agreement with Virginia Amateur
Sports, Inc., In a form to be approved by the City
Attorney.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency
ordinance:
(#31514-061493) AN ORDINANCE awarding limited
concession privileges at River's Edge Sports Complex,
upon certain terms and conditions; authorizing the
execution of the requisite concession agreement; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 42.)
Mr. Harvey moved the adoption of Ordinance No.
31514-061493. The motion was seconded byMr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers -7.
NAYS= None : O.
BUDGET-PARKS AND RECREATION: The City Manager
submitted a written report advising that the City's Parks
Plan calls for several improvements to be completed
within the next three years; that it is necessary to plan
for the projects now to ensure that the completion will
be accomplished in a timely and cost effective manner;
that planning studies and construction planning requires
398
ACTION:
funding to provide such things as accurate mapping of the
Improvement areas, acquisition of professional advice,
design related supplies, advertisements, etc.; and
funding currently needs to be set aside for work to
progress.
The City Manager recommended that Council authorize
the Acting Director of Finance to transfer funds, in the
amount of $30,918.00, from the following accounts to an
account to be established entitled, "Neighborhood Park
Improvements:
Account No. 008-050-9679, Park
Play Area Improvements to four parks
$ 3,787.00
Account No. 008-050-9637, Crystal
Spring Elementary Play Equipment
106.00
Account No. 008-050-9677, Grandin
Court Recreation Center
30.00
Account No. 008-050-9678,
Improvements to Four Parks 1991
3,495.00
Account No. 008-052-9603-9180, Public
Improvements Bonds - Series 1988 -
Parks
23;500.00
Total Transfers
$30,918.00
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31515-061493) AN ORDINANCE to amend and reordatn
certain sections of the 1992-93 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 42.)
Mrs. Bowles moved the adoption of Ordinance No.
31515-061493. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ............... 7.
NAYS: None 0.
399
ACTION:
BUDGET-HOUSING/AUTHORITY-CENTURY STATION PARKING
GARAGE-CONSULTANTS REPORTS: The City Manager submitted
a written report with regard to the Century Station
Parking Garage, advising that Council authorized
agreements with the Roanoke Redevelopment and Housing
Authority on November 20, 1990, for the new parking
garage in the 200 block of Church Avenue, S. E.; that
construction is complete and the facility was opened for
use in January 1993; and a change order, in the amount of
$12,941.00, has been submitted to the City by the Housing
Authority for additional work which was incorporated in
the project prior to its completion for items which
include security screens for all openings in elevator
shafts, as required by City building inspectors, and rain
leader protectors to guard against damage by automobiles.
The City Manager recommended that Council authorize
transfer of $12,941.00 from Account No. 008-052-9578-9178
to Account No. 008-052-9605-9003.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31516-061493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 44.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31516-061493. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ......... 7.
NAYS: None 0.
BUDGET-CITY JAIL-CAPITAL IMPROVEMENTS PROGRAM: The
City Manager submitted.a written report advising that
pursuant to Resolution No. 31366-030893, adopted on
Monday, March 8, 1993, and Resolution No. 31376-032293,
adopted on March 22, 1993, Council approved an expansion
of the Roanoke City Jail and provided funding for the
project; that Council approved the issuance of $4.8
million in general obligation bonds to supplement
anticipated State grant funds of $1.75 million to fund
construction costs of the Jail expansion; and funding is
400
ACTION:
needed for preliminary design, preparation of a planning
study to be filed with the Department of Corrections,
appraisal of property to be acquired, asbestos and
environmental survey of properties to be acquired, and
other start-up costs for the project.
The City Manager recommended that the Acting
Director of Finance be authorized to transfer funds from
the following accounts to "City Jail Expansion", Account
No. 008-052-9685-9003:
Campbell Avenue Historic Property
Account No. 008-002-9620-9003
$371,452.19
City Sheriff Reimbursement
Account No. 001-024-3310-8005
100~000.00
$471,452.,T~.9
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31517-061493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General and Capital Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 45.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31517-061493. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers --7.
NAYS: None 0.
YOUTH CORRECTIONAL FACILITIES-CONSULTANTS REPORTS:
The City Manager submitted a written report advising that
a Public Notice to seek architectural/engineering
services for alterations and additions to the Roanoke
Juvenile Detention Home at Coyner Springs, Botetourt
County, was advertised in the Roanoke Times & World News
on April 5, 1993; and eight architectural/engineering
firms responded to the request for services, with the
401
following five firms being chosen for interviews which
were held on May 13, 1993, by a selection committee
composed of Charles M. Huffine, L. Bane Coburn and
Mark C. Johnson:
Motley and Associates
Sherertz, Franklin, Crawford, Shaffner
Frantz-Chappelear
Hayes, Seay, Mattern & Mattern, Inc.
Ricci Associates/Sowers and Associates
It was further advised that Hayes, Seay, Mattern &
Mattern, Inc., was selected as the best qualified
architectural/engineering firm for the project inasmuch
as the firm has designed, bid and supervised more
Juvenile detention facilities than any of the other firms
interviewed.
It was explained that the project consists of six
additional "more secure" rooms, additional program space
to include a facility admissions room with clinic and an
activities room, conversion of the existing intake
dormitory to a suicide alert dormitory, construction of
a "diagnostic unit" which will consist of ten single
occupancy dormitory units, a laundry room, a storage
room, and a day room, as well as two additional dormitory
rooms on the east wing and two on the west wing,
conversion of an existing staff lounge into two
additional dormitory units, addition of a classroom, and
a new clerical office and counseling room.
The City Manager recommended that he be authorized
to execute an architectural/engineering full services
contract, in a form to be approved by the City Attorney,
with Hayes, Seay, Mattern & Mattern, Inc., for design
development and construction documents, construction
administration, and project periodic inspection during
construction for the following fee:
Basic Services Fee (the amount
of the contract with Hayes, Seay,
Mattern)
Additional services (record drawings,
reimbursement expenses)
Total Contract
Contingencies (advertisement, etc.)
Total
$255,690.00
16~300.00
~;271,990
3~,010.00
The City Manager further recommended that the Acting
Director of Finance be authorized to encumber $271,990.00
for architectural/engineering services for the Juvenile
402
ACTION:
Detention Home Expansion in Account No. 008-052-9686-
9001; and establish an accounts receivable account in
anticipation of 50 per cent funding from the Department
of Corrections Division of Youth and Family Services.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31518-061493) A RESOLUTION authorizing the
execution of a contract with Hayes, Seay, Mattern &
Mattern, Inc., to provide certain architectural/
engineering services, specifically design development,
construction documents, construction administration and
project inspections for alterations and additions to the
Roanoke Juvenile Detention Home at Coyner Springs; and
rejecting all other bids made to the City for the work.
(For full text of Resolution, see Resolution Book No. 55,
page 46.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31518-061493. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ............... 7.
NAYS: None 0.
BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager
submitted a written report with regard to an amendment to
the contract for services with the Roanoke Redevelopment
and Housing Authority and transfer of funds regarding
Housing Assistance Programs, advising that the Housing
Authority administers a variety of housing programs
funded from Community Development Block Grant (CDBG)
funds, HOME funds and other sources; that a contract for
services for the administration of activities in the
current fiscal year was approved by Council on August 24,
1992; and programs addressed in the contract include the
following:
Neighborhood Stabilization and Enhancement
Program (NSEPtion), originally funded with
$86,614.00 of CDBG funds, in addition to
Federal HOME, State and other funds, which
provided low interest CDBG loans to correct
Building Code violations on existing multi-
family rental units in a concentrated area;
and
403
ACTION=
Downpayment and Closing Cost Assistance,
funded with $155,617.00 of CDBG funds, which
provided up to $3,500.00 toward a low-moderate
income household's downpayment and closing
costs for the purchase of their first home.
It was further advised that $85,473.00 of CDBG funds
in the NSEPtion program remain unspent in Account No.
035-091-9120-5078; that demand for funds has been less
than projected during the current fiscal year; that in
addition, HOME funds are currently available to continue
program activities; that all CDBG funds allocated to
Downpayment and Closing Cost Assistance have been fully
committed; that 60 families have received Downpayment and
Closing Cost Assistance and have purchased their first
home within the City which would not have been possible
without the assistance; that 40 additional applications
for Downpayment and Closing Cost Assistance are in the
process for home purchasers, many of which will close in
June 1993; that $128,000.00 in CDBG funds allocated for
the Program in fiscal 1993-94 will not be available until
after July 1, 1993; and funds are needed to allow
purchase transactions to close prior to July 1, 1993, as
provided in individual purchase agreements with eligible
home buyers.
The City Manager recommended that Council authorize
an amendment to the Contract for Services with the
Roanoke Redevelopment and Housing Authority; and transfer
$85,473.00 of CDBG funds from NSEPtion, Account No. 035-
091-9120-5078, to Downpayment and Closing Cost Assistance
Program, Account No. 035-091-9120-5117.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31519-061493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 48.)
Mr. Musser moved the adoption of Ordinance No.
31519-061493. The motion was seconded by Mrs. Bowles.
Denise Crillman, 2902 Broad Street, N. W., expressed
appreciation to the City for making the Downpa~ment and
Closing Cost Assistance program available for her family.
404
Marllyn J. Walker, realtor, 4505 Surrey Avenue,
N. W., advised that she has worked with the program for
approximately two years and commended the City for making
the program available to citizens who could not otherwise
afford to own their homes. She requested that
participating realtors be notified when funds are about
to be depleted.
Jesse L. Brown, III, realtor, 3526 Laurel Ridge
Road, N. W., called attention to recent changes in FHA
guidelines, advising that previously a buyer could
finance all closing costs in their loan which reduced the
total amount of out-of-pocket expenses by approximately
$2,100.00 to $2,500.00; and in 1991, FHA again changed
the guidelines to provide for a maximum seller
contribution of approximately $3,500.00 to $3,900.00 on
a typical $54,000.00 house. He stated that due to the
current assistance program, buyers are now getting a
$54,000.00 house for an average of $1,500.00, which has
helped to get many persons out of housing projects who
could not otherwise have afforded to move.
H. Mike Hincker, President, Virginia Mortgage
Bankers, 4024 South Lake Drive, S. W., advised that the
program is an invaluable tool in helping mortgage bankers
and realtors place homeowners, as well as helping
homeowners to bridge the gap from the desire to be a
homeowner to the reality of actual home ownership. He
stated that the persons who have been helped by the
program are homebuyers who would not be able to secure
financing, and they are purchasing, in most instances,
homes that would not otherwise be sold. He added that
those persons in the industry understand the "domino
effect" of housing transactions, inasmuch as the vast
majority of transactions take place in the last few days
of the month. He stated that for those homebuyers who
must have such transactions rescheduled to the first part
of another month, some degree of inconvenience will be
experienced; and for those homebuyers who are assisted by
the program, the inconvenience could be devastating
because the difference in closing costs primarily in pre-
paid interest could determine whether they have the
necessary funds to close on the property. He requested
that Council favorably consider immediate funding for
those homebuyers who are already in the process and are
scheduled to close on their property.
Resolution No. 31519-061493 was adopted by the
following vote:
405
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ..... 7.
NAYS: None' 0.
Mr. Musser offered the following resolution:
(#31520-061493) A RESOLUTION authorizing execution
of Amendment No. 2 to the contract with the City of
Roanoke Redevelopment and Housing Authority to reflect
the transfer of certain project funds to the Downpayment
and Closing Cost Assistance program.
(For full text of Resolution, see Resolution Book No. 55,
page 49.)
Mr. Musser moved the adoption of Resolution No.
31520-061493. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ............... 7.
NAYS: None O.
BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH: The City
Manager submitted a written report with regard to a
demonstration grant award from the State Council on
Community Services for Youth and Families, advising that
222 Roanoke City youth were placed in residential care
facilities which include State treatment facilities
(hospitals), residential schools for the handicapped and
correctional facilities in 1988 (most recent year for
data); that the monthly cost per child in residential
care ranges from $550.00 to $14,000.00; that an
inappropriate referral to residential care facilities
occasionally occurs due to insufficient resources locally
to addre2~ the child's/youth's needs, insufficient
coordination among local service agencies to provide
:;nolistic" approach, and the inability of family to
handle the problem; and treatment of dysfunctional family
or younger siblings is not addressed by Just removing the
troubled child/youth from the family.
It was further advised that the City applied for a
demonstration grant to the State Council on Community
Services for Youth and Families on September 27, 1990 on
behalf of a multi-agency task force comprised of
representatives of Roanoke Social Services, Court Service
Unit, Community Services Board (Mental Health Services),
Roanoke City Health Department and Roanoke City Schools;
4O6
that the demonstration program in 1992-93 provided
Comprehensive and intensive services to 48 of Roanoke
City's n~ghest-risk children/youth, to 32 siblings,
and to 63 adults living with the children/youth; and in
1993-94 FOCUS will continue to provide the following:
better coordination of service agencies to
provide better screening and referral of
cases~
Increased local alternatives for child/youth
placement and treatment,
long-term home-based services,
intensive interagency case management, and
therapeutic foster homes.
It was explained that the goal of the program is to
reduce the number of Roanoke City children/youth referred
to residential treatment each year, and to increase the
number of children/youth returned to the community from
residential care; that the City received demonstration
awards over four fiscal years; that the City of Roanoke
is one of five localities in Virginia to receive such a
grant; and Council's authorization ts necessary for
execution of a grant agreement with the State Department
of Education which serves as fiscal agent for the grant
program.
The City Manager recommended that he be authorized
to execute an agreement, in a form to be approved by the
City Attorney, with the State Department of Education;
that $353,238.00 be appropriated to accounts to be
established by the Acting Director of Finance in the
Grant Fund, with a corresponding revenue estimate; and
that $22,566.00 in local matching funds be transferred
from the General Fund, Account No. 001-004-9310-9535, to
the Grant Fund revenue account.
(For full text, see report on file In the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
407
ACTION:
ACTION:
(#31521-061493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 49.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31521-061493. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ...... 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following resolution:
(#31522-061493) A RESOLUTION authorizing execution
of a Grant Agreement with the State Department of
Education 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. 55,
page 51.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31522-061493. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ...... 7.
NAYS: None '0.
BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY-GRANTS-
FDETC-TOTAL ACTION AGAINST POVERTY: The City Manager
submitted a written report advising that the U. S.
Department of Agriculture (USDA) has solicited
applications from municipalities to participate in the
1993 Virginia Summer Food Service Program; that the
purpose of the program is to provide nutritionally
balanced, healthy meals to children ages one through 18
from low-income families (less than 185 per cent of
poverty) during the summer months of 1993; and cost
reimbursements are made to program sponsors (City of
Roanoke) by the USDA at a rate of approximately $2.17 per
408
ACTION=
meal consumed (lunch)/$1.20 (breakfast) by a
participating eligible youth; and $12,330.00 was
allocated by Council in the 1993-94 budget to the
Director of Human Development to support staffing and
administration of the program.
It was explained that 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 USDA for funding for
the period of June 14 through September 3, 1993; that
1,675 meals are proposed for youth participating at 14
feeding locations where an estimated 79,000 meals will be
served through the program; that it is proposed that the
Directorate of Human Development administer the project
through interagency agreements with the FDETC, the
Roanoke Redevelopment and Housing Authority, informal
written agreement with the Department of Social Services,
and a contract with a meal vendor or arrangements with
City personnel to prepare and deliver the meals daily to
project sites.
The City Manager recommended that Council accept a
grant award from the U. S. Department of Agriculture, in
the amount of $150,228.00; that the Dlrecter of Human
Development be authorized to negotiate and execute
appropriate interagency agreements with the Fifth
District Employment and Training Consortium and the
Roanoke Redevelopment and Housing Authority to facilitate
the success of the project; and that $150,228.00 be
appropriated, with a corresponding revenue estimate, to
an account to be established in the Consortium Fund by
the Acting Director of Finance to be used for the
Virginia Summer Food Service Program.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(%31523-061493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Consortium Fund
Agpropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 51.)
Mr. Musser moved the adoption of Ordinance No.
31523-061493. The motion was seconded by Mr. McCadden
and adopted by the following vote:
409
,!
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ......... 7.
NAYS: None ..... - ..... 0.
Mr. Musser offered the following resolution:
(#31524-061493) A RESOLUTION authorizing the
execution of a grant application made on behalf of the
City of Roanoke for the United States Department of
Agriculture 1993 Summer Food Service Program, the
acceptance of the subsequent grant award, and the
negotiation and execution of the appropriate interagency
agreements.
(For full text of Resolution, see Resolution Book No. 55,
page 53.)
Mr. Musser moved the adoption of Resolution No.
31524-061493. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ....... 7.
NAYS: None 0.
BUDGET-GRANTS-YOUTH CORRECTIONAL FACILITIES: 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
programs at Crisis Intervention Center (Sanctuary), Youth
Haven I and the Juvenile Detention Home; and funds for
the third quarter of fiscal year 1993 have been received
by the City, as follows:
Crisis Intervention Center
Youth Haven I
Juvenile Detention Home
$ 1,514.89
702.90
5t464.71
TOTAL $ 7,682.50
It was further advised that United States Department
of Agriculture funds usage regulations require that the
funds be used for equipment and repairs, food costs, and
labor costs of food service workers.
410
ACTION:
The City Manager recommended that $7,682.50,
received from the United States Department of Agriculture
through the Virginia Department of Corrections, be
appropriated to the Crisis Intervention Center, Youth
Haven I and Juvenile Detention Home, and that
corresponding revenue estimates be increased as follows:
Crisis Intervention Center - Revenue
001-020-1234-0661 - USDA - Crisis Intervention
$1,514.89 to Account No. 001-054-3360-3000
Youth Haven I - Revenue
001-020-1234-0662 - USDA - Youth Haven
$702.90 to Account No. 001-054-3350-3000
Juvenile Detention Home - Revenue
001-020-1234-0660 - USDA - Juvenile Detention
Home $5,464.71 to Account No. 001-054-3320-
3000
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31525-061493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 54.)
Mr. Harvey moved the adoption of Ordinance No.
31525-061493. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote~
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ...... 7.
NAYS: None 0.
ACTING DIRECTOR OF FINANCE:
BUDGET-PLANNING-GRANTS: The Acting 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, with
three years currently appropriated; that the United
411
'1
I!
ACTION:
States Department of Housing and Urban Development allows
localities to determine the number of Community
Development Block Grant program years to retain on their
records; that reprogramming the funds allows the City to
maintain a minimum number of program years on its
records; that the earliest Community Development Block
Grant year, B-90-MC-51-0020, may be closed by
reprogramming unspent funds to the next subsequent
program year, B-91-MC-51-0020; and unspent funds, in the
amount ef $188,902.00, will be used for the same
activities for which they are currently appropriated.
The Acting Director of Finance recommended that
unspent funds, in the amount of $188,902.00, be
transferred to Community Development Block Grant year
B-91-MC-51-0020; and that Community Development Block
Grant year B-90-MC-51-0020 be closed.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31526-061493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 55.)
Mr. White moved the adoption of Ordinance No. 31526-
061493. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ...... 7.
NAYS: None 0.
REPORTS OF COMMITTEES:
BUDGET-PARKS AND RECREATION-CITY PROPERTY-SCHOOLS:
Council Member William White, Sr., Chairperson of a
committee appointed by the Mayor to tabulate bids
received for construction of the parking lot between
Maher Field and the Roanoke City Schools Maintenance
Building on Reserve Avenue, S. W., presented a written
report on behalf of the committee recommending that
Council award a unit price contract to Adams Construction
Company, in the amount of $31,943.00, and 60 consecutive
calendar days to complete the work, advising that funding
412
ACTION=
for one-half of the project ($17,500.00) is available in
the Capital Projects Fund, Public Improvement Bonds,
Series 1988 - Parks, Account No. 008-052-9603-9180; that
the Roanoke City Schools will pay for one-half
($17,500.00) of construction cost from existing funds in
Account No. 001-060-6002-6681-0809; that the City Manager
be authorized to enter into a contractual agreement, in
a form to be approved by the City Attorney, with Adams
Construction Company for construction of the Maher Field
Parking Lot, in the amount of $31,943.00, and 60
consecutive calendar days to complete the work; that the
Acting Director of Finance be authorized to transfer
$17,500.00 from Account No. 008-052-9603-9180 to a new
account entitled, "Maher Field Parking Lot"; and that all
other bids received by the City be rejected.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31527-061493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 58.)
Mr. White moved the adoption of Ordinance No. 31527-
061493. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None 0.
Mr. White offered the following emergency ordinance:
(#31528-061493) AN ORDINANCE accepting the bid of
Adams Construction Company for construction of a parking
lot adjacent to Maher Field, 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. 55,
page 59.)
413
ACTION:
Mr. White moved the adoption of Ordinance No. 31528-
061493. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ......... 7.
NAYS: None
BUDGET-CITY NURSING HOME-ARMORY/STADIUM-LIBRARIES:
Council Member William White, Sr., Chairperson of a
committee appointed by the Mayor to tabulate bids
received for interior painting at the City Nursing Home,
air conditioning and related work at the Gainsboro
Library, and re-roofing four roof sections at the
National Guard Armory, presented a written report on
behalf of the committee, recommending that Council award
contracts to the following lowest responsible bidders:
Interior painting at City Nursing Home
Williams Painting and Remodeling, Inc.,
Contingency
$37,653.00
lt347.00
$39,000.00
Air conditioning and related work,
Gainsboro Library
Woods Heating, Air Conditioning and
Refrigeration
Contingency
$11,450.00
750.00
$12,200.00
Re-roof four roof sections, National
Guard Armory
Melvin T. Morgan Roofing and Sheet
Metal Co., Inc.
Contingency
$14,672.00
828.00
$15,500.00
Total Funding Required
}66,700.00
It was further recommended that Council appropriate
$66,700.00 from the Capital Maintenance and Equipment
Replacement Fund to Building Maintenance, Account No.
001-052-433Q-3056, for the abovedescribed projects,
including contingencies; and that all other bids received
by the City be rejected.
(For full text, see reports on file in the City Clerk's
Office.)
414
ACTION=
ACTION:
Mr. White offered the following emergency budget
ordinance:
(#31529-061493) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 60.)
Mr. White moved the adoption of Ordinance No. 31529-
061493. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ....... 7.
NAYS: None-- 0.
Mr. White offered the following emergency ordinance:
(#31530-061493) AN ORDINANCE accepting the bid of
Williams Painting and Remodeling, Inc., for performing
interior painting work at the City Nursing Home;
accepting the bid of A. Frank Woods and Sons, Inc., T/A
Woods Heating, Air Conditioning and Refrigeration, for
performing air conditioning and related work at Gainsboro
Library; and accepting the bid of Melvin T. Morgan
Roofing and Sheet Metal Company, Inc., for re-roofing
four sections of the National Guard Armory, upon certain
terms and conditions, and awarding contracts therefor;
authorizing the proper City officials to execute the
requisite contracts 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. 55,
page 61.)
Mr. White moved the adoption of Ordinance No. 31530-
061493. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers --7.
NAYS: None 0.
CABLE TELEVISION: Council Member Howard E. Musser,
Chairperson of the Roanoke Valley Regional Cable
Television Committee, presented a written report on
behalf of the Committee, advising that new non-exclusive
415
cable television franchises between Cox Cable Roanoke,
Inc., the City of Roanoke, Roanoke County and Vlnton,
went into effect on May 1, 1991; and the Roanoke Valley
Regional Cable Television Committee is responsible for
operation of the Government/Educational Access Channel,
as well as the planned studio and equipment which will be
needed for taping and air programming.
It was further advised that the Roanoke Valley
Regional Cable Television Committee has recommended an
operating budget for fiscal year 1993-94, in the amount
of $99,802.00; that the City's share of the budget, based
on the number of City cable subscribers, totals
$58,454.00, which is below the full one per cent of gross
revenues from the cable franchise fee that Council
approved for operating a Government/Educational Access
Studio (the full one per cent would have been
$107,400.00); that the 1993-94 budget adopted by the City
of Roanoke includes $58,454.00 for the Cable Television
Government/Educational Access operating budget; and
approval by Council is required before funds can be
allocated for the operating budget.
It was explained that at its meeting on May 5, 1993,
the Roanoke Valley Regional Cable Television Committee
further recommended the concept of transferring any
unused operating funds at the end of each fiscal year
into a capital account, to be established on July 1,
1993, for future equipment replacement; that under the
terms of the proposed plan, a capital expenditure is a
single expenditure exceeding $5,000.00 which is intended
to benefit three or more future fiscal years; that
currently, unspent funds from the operating budget would
revert to the Cable Television Unappropriated Fund
Balance and would require specific appropriation by the
three localities in future budgets to be available for
expenditure; that due to rapidly changing technology in
the television industry, it is anticipated that the
studio will need to update and/or replace equipment on a
regular basis, especially when the capital grant from Cox
Cable has been depleted; and automatic transfer of unused
operating funds at year-end into a capital replacement
account will simplify the budget process and expedite
timely equipment replacement.
It was pointed out that the Committee also approved
a Procedure for Approval of Operating and Capital Budgets
at its meeting on May 5, which would become effective in
1994, and provide for the following:
416
The Committee shall prepare and submit its
operating budget and equipment replacement
budget for approval to the three local
governments prior to February 15 of each year.
The Committee shall prepare and submit its
capital budget for approval to the three local
governments prior to February 15 of each year.
The capital budget will provide for
expenditure from the Capital Grant from Cox
Cable.
The Committee further recommended expenditure of
approximately $50,000.00 for equipment for the studio,
which is needed immediately in order for the Cable
Television Access Director to begin taping and airing
informational shows, and advising that at its meeting on
June 2, the Committee voted unanimously to recommend
retention of a co~,~unications attorney to render advice
on local government regulation of basic cable television
rates and rate regulation procedures under the Cable Act
of 1992. Inasmuch as adequate funding is not available
in the Government/Educational Access operating budget and
legal representation involves rates and other
requirements not addressed through the operating budget,
it was pointed out that the cost for legal services
should be shared by the three governments based on the
number of cable subscribers in each locality (58.57 per
cent of the cable subscribers live in the City); and such
action will require future approval for a fiscal year
1993-94 General Fund budget amendment.
The Roanoke Valley Regional Cable Television
Committee recommended that Council approve the 1993-94
operating budget, the transfer of operating funds, the
procedure for approval of operating and capital budgets,
the expenditure of up to $50,000.00 for equipment and the
retaining of a communications attorney, which will allow
progress to continue in utilizing cable television as a
means to communicate news and information to the citizens
of Roanoke; and the hiring of legal assistance will
enable Roanoke to receive the full benefits of new local
government rate regulation authorities under the Cable
Act of 1992. The Committee further recommended that the
City Manager De authorized to enter into all required
agreements, to be approved as to form by the City
Attorney; and authorize the retention of a communications
attorney to advise the Committee with regard to rate
regulations.
(For full text, see report on file in the City Clerk's
Office.)
417
ACTION:
ACTION:
Mr. Musser offered the following resolution:
(#31531-061493) A RESOLUTION approving the annual
operating budget of the Roanoke Valley Regional Cable
Television Committee for fiscal year 1993-94, upon
certain terms and conditions; approving a procedure for
the adoption of the operating and capital budgets for
such committee; approving the roll-over of operating
funds at the end of each fiscal year into a capital
replacement account; and authorizing the City Manager to
execute any agreement or other documentation necessar~to
evidence such approval.
(For full text of Resolution, see Resolution Book No. 55,
page 63.)
Mr. Musser moved the adoption of Resolution No.
31531-061493. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ..... 7.
NAYS: None .....
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
COUNCIL: Mr. Harvey offered the following
resolution:
(#31532-061493) A RESOLUTION cancelling the regular
meeting of City Council scheduled for June 21, 1993.
(For full text of Resolution, see Resolution Book No. 55,
page 65.)
Mr. Harvey moved the adoption of Resolution No.
31532-061493, The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ...... 7.
NAYS: None ......... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
418
ACTION:
SCHOOLS-COMPLAINTS-ROANOKE CIVIC CENTER: Vice-Mayor
Fitzpatrick requested that the City Manager investigate
complaints with regard to the parking situation in
connection with the Northside High School graduation
ceremony which was held at the Roanoke Civic Center on
Friday, June 11, 1993.
OTHER HEARINGS OF CITIZENS:
TRAFFIC-CITY MARKET-BUSES-STATE HIGHWAYS-BRIDGES-
PLANNING-NORFOLK SOUTHERN CORPORATION-VIRGINIA
TRANSPORTATION MUSEUM-HOTEL ROANOKE CONFERENCE CENTER-
DOWNTOWN ROANOKE, INCORPORATED-CAMPBELL COURT PARKING
GARAGE: Terry Averill, 1724 Main Street, S. W.,
appeared before Council in connection with the ISTEA
application and the possible Brandon Avenue bikeway
inclusion in the direction of the City of Salem (see
pages 3 - 11). He asked that Council be aware of his
concerns as a citizen in regard to providing alternative
means of transportation in the City. He stated that it
is dangerous to ride a bicycle in the City, and there
does not appear to be a great deal of discussion in terms
of getting people around the City in a way other than by
automobile.
At 9:35 p.m., the Mayor declared the meeting in
recess.
At 10:23 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden 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 Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers '7.
NAYS: None 0.
419
ACTIONt
ACTION:
ACTION=
COMMiTTEES-PERSONNEL DEPARTMENT: The Mayor advised
that the three year terms of L. Bane Coburn and Judy
Witcher-Jackson as members of the personnel and
Employment Practices commission will expire on June 30,
1993, and called for nominations to fill the vacancy.
Mr. White placed in nomination the name of L. Bane
Coburn.
There being no further nominations, Mr. Coburn was
reelected as a member of the Personnel and Employl~ent
Practices commission for a term of three years, ending
June 30, 1996, by the following vote:
FOR MR. COBURN: council Members Bowles, Fitzpatrick,
Harvey, McCadden, Musser, White and Mayor Bowers ....... 7.
Mr. White moved that the City residency requirement
be waived in order for Mr. Coburn to continue his service
as a member of the Personnel and Employment Practices
commission. The motion was seconded by Mr. Fitzpatrick
and unanimously adopted.
COMMITTEES-CITIZENS' SERVICES COMMITTEE= The Mayor
advised that the one year terms of Stanley R. Hale,
Bernice F. Jones, James D. Ritchie, Sr., Frank W.
Feather, Raleigh Campbell, Harold P. Kyle and Alphonso
McCain as members of the Citizens' Services committee
will expire on June 30, 1993, and called for nominations
to fill the vacancies.
Mr. White placed in nomination the names of
Bernice F. Jones, Glenn D. Radcliffe, Frank W. Feather,
Raleigh Campbell and Alphonso McCain.
There being no further nominations, Ms. Jones,
Messrs. Feather, Campbell and McCatn were reelected, and
Mr. Radcliffe was elected as members of the Citizens'
Services committee, for terms of one year each, ending
June 30, 1994, by the following vote:
FOR MS. JONES AND MESSRS. RADCLIFFE, FEATHER,
CAMPBELL ANDMCCAIN: Council Members Bowles, Fitzpatrick,
Harvey, McCadden, Musser, White and Mayor Bowers ....... 7.
COMMITTEES-ROANOKE ARTS COMMISSION~ The Mayor
advised that the three year terms of Fletcher Nichols,
Brook Dickson, Richard C. Maxwell, E. Antoinette Hale and
Linda Atkinson as members of the Roanoke Arts Commission
will expire on June 30, 1993, and called for nominations
to fill the vacancies.
420
ACTION:
ACTION:
Mr. White placed in nomination the name of Brook
Dlckson, Richard C. Maxwell, E. Antoinette Hale and Llnda
Atkinson.
There being no further nominations, Ms. Dlckson, Ms.
Hale, Ms. Atkinson and Mr. Maxwell were reelected as
members of the Roanoke Arts Commission, for terms of
three years, each, ending June 30, 1996, by the following
vote:
FOR MS. DICKSON, MS. HALE, MS. ATKINSON AND MR.
MAXWELL: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers .... 7.
COMMITTEES-ECONOMIC DEVELOPMENT: The Mayor advised
that the three year terms of Robert C. Lawson, Jr., and
Alvin L. Nash as members of the Economic Development
Commission will expire on June 30, 1993, and called for
nominations to fill the vacancy.
Mr. White placed in nomination the name of 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,
1996, by the following vote:
FOR MR. NASH: Council Members Bowles, Fitzpatrick,
Harvey, McCadden, Musser, White and Mayor Bowers -7.
COMMITTEES-FLOOD REDUCTION/CONTROL: The Mayor
advised that the one year terms of Kathy S. Hill,
Samuel J. Krisch, II, Edgar V. Wheeler, Read A. Lunsford,
James F. Williams, Harold L. Shaffer, Robert H. Bennett,
Jr., and Terry N. Grimes as members of the Flood Plain
Committee will expire on June 30, 1993, and called for
nominations to fill the vacancies.
Mr. White placed in nomination the names of Kathy S.
Hill, Samuel J. Krisch, II, Edgar V. Wheeler, Read A.
Lunsford, James F. Williams, Robert H. Bennett, Jr.,
Harold L. Shaffer, and Terry N. Grimes.
There being no further nominations, Ms. Hill, and
Messrs. Krtsch, Wheeler, Lunsford, Williams, Grimes,
Bennett and Shaffer were reelected as members of the
Flood Plain Committee, for terms of one year, each,
ending June 30, 1994, by the following vote:
421
ACTION:
ACTION:
ACTION=
ACTIONt
FOR MS. HILL, AND MESSRS. KRISCH, WHEELER, LUNSFORD,
WILLIAMS, BENNETT, SHAFFER AND GRIMES: Council Members
Bowles, Fitzpatrick, Harvey, McCadden, Musser, White and
Mayor Bowers ...... 7.
COMMITTEES-PARKS AND RECREATION~ The Mayor advised
that the one year terms of Elizabeth T. Bowles, Robert N.
Fishburn, L. Thompson Hanes, Frances S. Boon, Betty C.
Winfree and Carl H. Kopitzke as members of the Mill
Mountain Development Committee will expire on June 30,
1993, and called for nominations to fill the vacancies.
Mr. White placed in nomination the names of
Elizabeth T. Bowles, Frances S. Boon, Betty C. Winfree
and Carl H. Kopitzke.
There being no further nominations, Ms. Bowles, Ms.
Boon, Ms. Winfree and Mr. Kopitzke were reelected as
members of the Mill Mountain Development Committee, for
terms of one year, each, ending June 30, 1994, by the
following vote:
FOR MS. BOWLES, MS. BOON, MS. WINFREE AND MR.
KOPITZKE: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ................. 7.
Mr. White moved that the City residency requirement
be waived in order for Ms. Boon to continue her service
as a member of the Mill Mountain Development Committee.
The motion was seconded by Mr. Fitzpatrick and
unanimously adopted.
COMMITTEES-WAR MEMORIAL: The Mayor advised that the
one year terms of Elizabeth T. Bowles, Sloan H. Hoopes,
W. Robert Herbert, Alfred C. Moore, Howard E. Musser and
Thomas R. P1ymale as members of the War Memorial
Committee will expire on June 30, 1993, and called for
nominations to fill the vacancies.
Mr. White placed in nomination the names of
Elizabeth T. Bowles, W. Robert Herbert, Alfred C. Moore,
Howard E. Musser and Thomas R. Plymale.
There being no further nominations, Ms. Bowles and
Messrs. Herbert, Moore, Musser and P1ymale were reelected
as members of the War Memorial Committee for terms of one
year, each, ending June 30, 1994, by the following vote:
FOR MS. BOWLES ANDMESSRS HERBERT, MOORE, MUSSERAND
PLYMALE: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers ....... 7.
422
There being no further business,
meeting adjourned at 10:25 p.m.
APPROVED
ATTEST:
City Clerk
the Mayor declared the
Mayor
i
423
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
June 28, 1993
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 28,
1993, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Reqular Meetinqs, of Section
2-15, Rules of Procedu~.9, 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.,
Elizabeth T. Bowles and Mayor David A. Bowers 6.
ABSENT: Council Member Delvis O. McCadden
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Acting Director of Finance; and
Sandra H. Eakin, Deputy City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
ACTS OF ACKNOWLEDGEMENT: W. Robert Herbert, City
Manager, introduced Jacek Kucharzewski, Mayor of Opole,
Poland, and explained that Mayor Kucharzewski was
visiting the City of Roanoke in conjunction with an
Exchange Program sponsored by the International City
Manager's Association. Mayor Bowers presented a "Key to
the City" and other gifts to Mayor Kucharzewski on behalf
of the citizens of the City of Roanoke. Mayor
Kucharzewski expressed appreciation for the gifts and for
the opportunity to visit the City of Roanoke.
ACTS OF ACKNOWLEDGEMENT: Francis W. Burkhart, III,
Chairperson, Roanoke Regional Chamber of Commerce's Crime
Prevention Committee, presented a distinguished service
award to Wayne Kinney for taking action on behalf of Mrs.
Ruth H. Bonne when she was accosted and robbed in the
Towers Mall Shopping Center parking lot; and Donald M.
Caldwell, Commonwealth's Attorney, presented a
distinguished service award to Valerie Crouse for giving
assistance to James E. Clements after he had been robbed
and shot in the leg near Huff Lane Park.
424
AC?ION:
ACTION:
BID OPENINGS
BRIDGES: Pursuant to notice of advertisement for
bids for Craig-Robertson Road, S. E. Bridge Replacement,
said bids to be received by the City Clerk until 1:30
p.m., on Monday, June 28, 1993, 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 Deputy
City Clerk to proceed with the opening of the bids;
whereupon, the Deputy City Clerk opened and read the
following bids:
BIDDER
TOTAL AMOUNT
Robertson Construction
Co., Inc.
Allegheny Construction Co.
H & S Construction Co.
$249,708.00
280,715.00
302,965.00
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 adopted.
The Mayor appointed William White, Sr., Chairperson,
William F. Clark and Charles M. Huffine as members of the
committee.
BRIDGES: Pursuant to notice of advertisement for
bids for Bridge Maintenance Projects, Centre and
Shenandoah Avenues, N. W., said bids to be received by
the City Clerk until 1:30 p.m., on Monday, June 28, 1993,
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 Deputy City Clerk to proceed with the
opening of the bids; whereupon, the Deputy City Clerk
opened and read the following bids:
BIDDER
TOTAL AMOUNT
Branch Highways, Inc.
Robertson Construction
Co., Inc.
Allegheny Construction Co.
Lanford Brothers Co., Inc.
$337,000.00
338,309.00
389,443.00
424,146.00
425
ACTION:
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. Fitzpatrick and adopted.
The Mayor appointed William White, Sr., Chairperson,
William F. Clark and Charles M. Huffine as members of the
committee.
WATER RESOURCES: Pursuant to notice of
advertisement for bids for construction of the Falling
Creek Finished Water Reservoir, said bids to be received
by the City Clerk until 1:30 p.m., on Monday, June 28,
1993, 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 Deputy City Clerk to proceed with the
opening of the bids; whereupon, the Deputy City Clerk
opened and read the following bids:
BIDDER
TOTAL AMOUNT
Hammond-Mitchell, Inc.
Acorn Construction, Ltd.
Breakell, Inc.
Allegheny Construction Co.
Structures & Utilities Co., Inc.
Crowder Construction Co.
$230,000.00
249,165.00
274,900.00
294,800.00
323,000.00
343,000.00
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 William White, Sr., Chairperson,
Kit B. Kiser and M. Craig Sluss 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
attention to three requests for Executive Sessions to
discuss vacancies on various authorities, boards,
commissions and committees appointed by Council; specific
legal matters requiring the provision of legal advice by
426
ACTION:
ACTION:
Counsel, specifically being the terms and conditions of
the 1972 Sewage Treatment Plant Agreement; and specific
legal matters regarding the provision of legal advice by
Counsel, specifically being the terms and conditions of
various agreements and documents relating to Smith Gap
Landfill and the Big Lick Rail Transfer Station. Vice-
Mayor Fitzpatrick requested that the matter with regard
to parking problems at the Roanoke Civic Center
associated with high school graduations on June 11, 1993,
be withdrawn from the Consent Agenda and considered
separately; whereupon, Council concurred in the request.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None
e
(Council Member McCadden was absent.)
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss
specific legal matters requiring the provision of legal
advice by Counsel, specifically being the terms and
conditions of the 1972 Sewage Treatment Plant 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.)
Mrs. Bowles 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, specifically being the terms and
427
ACTION=
conditions of the 1972 Sewage Treatment Plant Agreement,
pursuant to Section 2.1-344 (A)(7), 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, Bowles and Mayor Bowers ...... 6.
NAYS: None
(Council Member McCadden was absent.)
COUNCIL: A communication from Kit B. Kiser, City
Representative, Roanoke Valley Resource AuthoritY,
requesting that Council meet in Executive Session to
discuss specific legal matters regarding the provision of
legal advice by Counsel, specifically being the terms and
conditions of various agreements and documents relating
to Smith Gap Landfill and the Big Lick Rail Transfer
Station, 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.)
Mrs. Bowles moved that Council concur in the request
of Mr. Kiser to convene in Executive Session to discuss
specific legal matters regarding the prov~sion of legal
advice Counsel, specifically being the terms and
by
conditions of various agreements and documents relating
to Smith Gap Landfill and the Big Lick Rail Transfer
Station, pursuant to Section 2.1-344 (A)(7), 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, Bowles and Mayor Bowers- . ...... 6.
NAYS: None.
(Council Member McCadden was absent.)
VALUATION=
A
AHNUAL REPORTS-REAL ESTATE
communication from the Honorable Roy B. Willett, Judge,
Twenty-Third Judicial Circuit of Virginia, transmitting
the Annual Report of the Board of Equalization for the
taxable year July 1, 1993 through June 30, 1994, was
before Council.
428
ACTION:
ACTION=
It was advised that the Board received 97 appeals,
including 58 commercial and industrial appeals and 33
residential; that the members of the Board unanimously
requested and recommended that necessary access to
computer service be continued in order to adequately deal
with its duties; and that future Equalization Boards
continue to have separate office space from the Real
Estate Valuation Office.
It was further advised that the Board of
Equalization has requested that the City provide a room
assignment by March 1 of 1994 in order that the Board may
commence its work as soon as the Board Members' oaths of
office are administered; and inasmuch as Room 162 of the
Municipal Building has been reassigned, a private room of
adequate size is necessary in order to meet with taxpayer
citizens who need undivided attention, as well as to
spread printouts and other large papers on a table for
viewing.
(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. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers-- -6.
NAYS: None 0.
(Council Member McCadden was absent.)
AUDIT COMMITTEE: Council Member William White, Sr.,
Chairperson of the Audit Committee, presented the minutes
of the Audit Committee meeting which was held on Monday,
June 7, 1993.
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the minutes be received and
filed. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None- 0.
(Council Member McCadden was absent.)
ACTION
429
HUMAN DEVELOPMENT: A report of the City Manager
transmitting a report from the City Manager's committee
on the Homeless prepared from the results of a recent
survey of Emergency and Transitional Shelters, was before
Council.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report be received and
filed with appreciation. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers ......... 6.
0
NAYS: None
(Council Member McCadden was absent.)
CITY JAIL: A report of the City Manager with regard
to emergency repair of an air conditioning unit which
serves the Roanoke City Jail and Courthouse, was before
Council.
It was advised that one of the two air conditioning
units which serves the Jail and courthouse recently
failed to operate, which is an original 240 ton unit that
is 17 years old; that the City's maintenance contractor
removed the unit, which was taken to the York
International Manufacturing facility in Charlotte, North
Carolina; that the cost for repair and installation has
been quoted at $39,900.00, with a portion being covered
by the City's maintenance contract, however, at this
time, it is not certain what the City's ultimate cost
will be; and that a one week repair and re-installation
time has been promised.
It was further advised that the Jail and courthouse
are currently being served by a second 240 ton air
conditioning unit, which City staff and the maintenance
contractor are carefully monitoring; that due to the
emergency nature of the situation, provisions of the City
Charter authorizing emergency measures were instituted in
order to have the failed air conditioning unit back in
service as soon as possible; and Council will be notified
should the cost for repairs exceed the amount which can
be authorized administratively.
(For full text, see report on file in the City Clerk's
Office.)
430
AC?ION:
ACTION=
Mrs. Bowles 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, Bowles and Mayor Bowers .... 6.
NAYS: None 0.
(Council Member McCadden was absent.)
POLICE DEPARTMENT-ZONING-DOWNTOWN ROANOKE,
INCORPORATED: A report of the City Manager requesting
authorization to initiate an amendment to the City's
Zoning Ordinance to provide for police facilities as a
permitted use in the HM, Heavy Manufacturing District
Zone, in connection with establishment of a mounted
police patrol in the downtown area, was before Council.
It was advised that a proposal to establish a
mounted police patrol in the downtown area was considered
at the May 4, 1993 City Council Budget Study Session;
that property under consideration for the proposed stable
and office for the mounted patrol unit, located on
Cleveland Avenue, S. W., Official Tax No. 1320805, is
situated in an HM, Heavy Manufacturing District, zone;
and permitted uses in the Heavy Manufacturing District do
not include police facilities.
It was recommended that Council authorize the City
Manager to initiate a petition to amend Section 36.1-270,
Permitted Uses, HM, Heavy Manufacturing District, of the
Code of the City of Roanoke (1979), as amended,
permitting police facilities to be located in an HM,
Heavy Manufacturing District, zone.
Mrs. Bowles moved that Council concur in the request
to authorize the City Manager to file the necessary
petition for an amendment to the City's Zoning Ordinance.
The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None. O.
(Council Member McCadden was absent.)
431
ACTION=
COMPLAINTS-ROANOKE CIVIC CENTER-SCHOOLS: A report
of the City Manager transmitting a memorandum from Mr.
Bob E. Chapman, Manager, Roanoke Civic Center, with
regard to parking problems at the Civic Center associated
with high school graduations held on June 11, 1993, was
before Council.
(For full text, see report and memorandum on file in the
City Clerk's Office.)
Vice-Mayor Fitzpatrick stated that he believes the
Civic Center needs better public relations and suggested
that Council refer the matter to the Civic Center
Commission to see if they can come up with a solution to
the problem and ask them to take whatever action they
deem necessary, and to also consider a letter of apology
to all parties concerned.
Mr. Fitzpatrick moved that the matter be referred to
the Roanoke Civic Center Commission for review and
development of a policy to deal with this particular
issue. The motion was seconded by Mr. Musser and
adopted.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SEWERS AND STORM DRAINS-ACTS OF ACKNOWLEDGEMENT:
Mr. John M. Stroud, President, Roanoke Regional Chamber
of Commerce, appeared before Council and presented a
Resolution adopted by the Chamber of Commerce on May 17,
1993, with regard to the restricted capacity of the
roanoke Regional Waste Treatment Plant, requesting that
the governing bodies of Botetourt and Roanoke Counties,
the Town of Vtnton, and the Cities of Roanoke and Salem
make the expansion and other related construction needed
for operation of the plant the number one infrastructure
issue for the region and to provide the resources
necessary to complete the project.
(For full text, see Resolution on file in the City
Clerk's Office.)
Fr. Harvey stated that he concurred with Mr.
Stroud's remarks and questioned whether the Chamber of
Commerce and/or the business community is prepared to
donate towards the cost involved in this process;
whereupon, Mr. Stroud stated that they are prepared to
pay for the cost of the sewer service and the business
community expects that there will be a user fee involved
and the business community will pay into this.
432
Mr. Harvey stated that there will be a huge increase
to homeowners on their sewer bills when this project
comes about, and although he agrees with the need for the
project, it is his hope that the fees are worked out
fairly as far as who is actually going to benefit from
the expansion.
Mr. Fitzpatrick expressed appreciation to Mr. Stroud
for appearing before Council and stated that this Is a
very significant issue, and it is an issue that means no
Jobs can be created and no new houses or businesses can
be hooked up to sewer lines unless it is addressed; that
he believes the City staff is aware of the concerns and
that the local government understands; and he believes it
is an issue that needs to be addressed right away.
Without objection by Council, the Mayor expressed
appreciation to Mr. Stroud for his presentation and
advised that the remarks and the Resolution would be
received and filed and made a part of the official
record.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
PARKS ANDRECREATION-SPECIALPERMITS-SWIMMING POOLS:
The City Manager submitted a written report advising that
the United States Swimming/ Virginia Swimming, Inc.,
"State Swim", meet will be held on Friday, Saturday and
Sunday, July 9, 10 and 11, 1993, at Fallon Park Swimming
Pool; and the Roanoke Valley Swi_mming, Inc. "Gators" will
host this sanctioned swim meet for youth for the first
time in Roanoke.
It was further advised that the City has been
requested byRoanoke Valley Swimming, Inc. to permit the
sale of swimming related merchandise, food and non-
alcoholic beverage concessions during the swim meet; that
Section 24-5, of the Code of the City of Roanoke (1979),
as amended, states that only Council may allow concession
privileges unless publicly advertised for sealed bids;
and the City Recreation Department has agreed, subject to
City Council approval, to defer the City's concession
rights during the swim event as a gesture of cooperation
and support of the Gators.
ACTION:
The City Manager recommended that Council grant
concession privileges to the Roanoke Valley Swimming,
Inc. "Gators" to sell swim related merchandise, food
items and non-alcoholic beverages at Fallon Park Swimming
Pool on July 9, 10 and 11, 1993 during the State Swim
meet, and authorize the City Manager to enter into a
concession agreement as approved by the City Attorney.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency
ordinance:
(#31533-062893) AN ORDINANCE awarding limited
concession privileges at Fallon Park Swimming Pool, upon
certain terms and conditions; authorizing the execution
of the requisite concession agreement; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 67.)
Mr. Musser moved the adoption of Ordinance No.
31533-062893. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None
(Council Member McCadden was absent.)
BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager
submitted a written report advising that Council
authorized the filing of a Community Development Block
Grant application to the Department of Housing and Urban
Development (HUD) for Fiscal Year 1993-94 on May 10,
1993, pursuant to Resolution No. 31445-051093; that HUD
approval of the City's application was received in a
letter dated June 11, 1993; that grant approval is for
the requested amount of $2,076,000.00; that the
appropriation request includes $508,400.00 in expected
CDBG program income from parking receipts= Housing
Authority rehabilitation loan repayments, Cooper
Industries land lease, Coca-Cola UDAG repayment, a loan
payment from Northwest Neighborhood Environmental
Organization, from Chemical and Paper Service, and
repayments from the Home Ownership Assistance program,
434
ACTION:
for a total appropriation of $2,584,400.00; and
additionally, $75,945.00 needs to be transferred from
older projects to projects included in the Fiscal Year
1993-94 CDBG Program.
The City Manager recommended that Council adopt a
resolution accepting fiscal year 1993-94 Community
Development Block Grant funds approved by the Department
of Housing and Urban Development, and that he be
authorized to execute the requisite Grant Agreement,
Funding Approval, and other forms required by HUD on
behalf of the City in order to accept said funds; that
$2,584,400.00 be appropriated to revenue and expenditure
accounts in the Grant Fund to be established by the
Acting Director of Finance ($2,076,000.00 CDBG
entitlement and $508,400.00 projected program income);
and that $75,945.00 be transferred 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:
(#31534-062893) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 68.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31534-062893. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Council Member McCadden was absent.)
Mr. Fitzpatrick offered the following resolution:
(#31535-062893) A RESOLUTION authorizing the City
Manager to execute the requisite Grant Agreement with the
U. S. Department of Housing and Urban Development (HUD)
435
ACTION:
for the Fiscal Year 1993-9~ Budget for the Community
Development Block Grant Program.
(For full text of Resolution, see Resolution Book No. 55,
page 74.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31535-062893. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers- - ...... 6.
NAYS: None
(Council Member McCadden was absent.)
GRANTS-WEST END CENTER-YOUTH: The City Manager
submitted a written report with regard to a grant
agreement with West End Center for Youth, Inc., advising
that the City Office on Youth conducted a "Needs
Assessment of Youth in Roanoke" in May 1992, which
identified the following results:
Both students and parents felt there should be
safer, drug and alcohol-free places for youth
to "hang out".
Both parents and youth relate to the
"neighborhood" concept in first looking for
"something to do".
Students expressed concerns about "making good
grades".; parents cited that ,,education" is one
of the greatest needs of children in Roanoke.
Summer is an especially vulnerable time for
youth.
It was further advised that Council authorized
$55,000.00 in Community Development Block Grant (CDBG)
funds to West End Center on Monday, July 13, 1992,
pursuant to Resolution No. 31099-071392, which assisted
the Center in the purchase and rehabilitation of 1226
Patterson Avenue, S.W.; and Council authorized
$20,905.00 as a grant to the West End Center as part of
the overall CDBG program on Monday, May 10, 1993,
pursuant to Resolution No. 31445-051093 in order to
assist their after-school tutoring program and provide a
new July program.
436
ACTION=
It was pointed out that the West End Center will
provide a new program during the month of July for 13 -
18 year olds to include training in basic life skills,
basic office skills, and commitment and responsibility
through leadership at the Center; and a second program
will provide support for 30 children in the tutorial
program which will extend through the school year.
The City Manager recommended that he be authorized
to execute an agreement with the West End Center for
their new July program and to assist with the tutoring
program, with a cost to the City of $20,905.00, which is
available in the Community Development Block Grant
Account No. 035-093-9337-5160.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
(#31536-062893) A RESOLUTION authorizing the City
Manager to execute a grant agreement with West End
Center, Inc., to provide funding for a new July program
and to assist with the tutoring program for 13 - 18 year
old children.
(For full text of Resolution, see Resolution Book No. 55,
page 75.)
Mr. White moved the adoption of Resolution No.
31536-062893. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers-- 6.
NAYS: None 0.
(Council Member McCadden was absent.)
BUDGET-GRANTS-YOUTH-EQUIPMENT: The City Manager
submitted a written report with regard to continuation of
the Office on Youth Grant Award No. 92-I-21, advising
that the grant was first officially awarded to the City
under the Virginia Delinquency Prevention and Youth Act
on June 17, 1980; that a fiscal year 1992-93 youth grant
application was submitted to the Department of Youth and
Family Services on May 15, 1992; that the original total
grant budget of $48,473.00 required a local cash match of
$11,800.00; that an additional $5,392.00 has been awarded
to the Office on Youth from the Department of Youth and
Family Services for personnel cost and equipment; that
437
Council acceptance of the additional State money award
and appropriation of the local cash match are required
before the appropriate City officials can execute the
required documents in order to receive the State funds.
It was further advised that the amendment will
provide for continuation of coordination, planning, and
program implementation of the Office on Youth; and the
fiscal year 1992-93 amended grant budget is as follows:
Budget State Local Cash
Category Funds Match In-Kind Total
Personnel $35,594.93 $ 7,589.85
-0- $43,184.78
Training &
Development 1,175.82
500.00 -0- 1,675.82
Supplies/
Operating
Expenses
907.41 3,710.00 3,750.00 8,367.41
Equipment 4~386.75 -0-
Total $42,064.91 $11,799.85
-0- 4~386.75
$3,750.00 $57,614.76
It was pointed out that the in-kind match of
$3,750.00 is available through the use of office space
rental in the Community Planning Office and can be used
to match additional State funding, with no additional
cash match required; and the local match, cash/in-kind
must equal a minimum of 25 per cent of the total budget
request.
The City Manager. recommended that he, or his
designee, be authorized to execute the appropriate
document, in a form to be approved by the City Attorney,
in order to accept the amendment to the State grant; and
that $5,392.00 be appropriated as follows, with an
increase in the revenue estimate:
Salaries, Account No. 035-052-8830-1002
Administrative Supplies, Account No.
035-052-8830-2030
$1,005.25
4,386.75
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
438
ACTION=
ACTION=
(#31537-062893) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 75.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31537-062893. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Council Member McCadden was absent.)
Mr. Harvey offered the following resolution:
(#31538-062893) A RESOLUTION authorizing the
execution of an amendment to the Office on Youth Grant
for Fiscal Year 1992-93 (Grant Award No. 92-I-21) from
the Department of Youth and Family Services to accept an
increase in the funding for personnel and equipment, upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 55,
page 76.)
Mr. Harvey moved the adoption of Resolution No.
31538-062893. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Council Member McCadden was absent.)
BUDGET-HOUSING\AUTHORITY-GRANTS: The City Manager
submitted a written report advising that the HOME
Investment Partnership Program (HOME) is one of several
housing initiatives created by the National Affordable
Housing Act of 1990; that HOME is intended to be a
"housing block grant" program aimed at providing safe,
decent housing that is affordable to low and moderate
income persons; that the City of Roanoke is designated as
a "Participating Jurisdiction" based on the following:
(1) the formula allocation devised by the U. S.
Department of Housing and Urban Development (HUD); (2)
439
approval of the City's Comprehensive Housing
Affordability Strategy (CHAS); and (3) the City's
submission of a notice of intent to participate in the
HOME program; and the City's HOME entitlement allocation
for Federal fiscal year 1993 is in the amount of
$498,000.00.
It was further advised that eligible Participating
Jurisdictions are required to submit HOME Program
Descriptions, which describe the types of programs and
activities the City is proposing to undertake with HOME
funds, for HUD approval; that the City's HOME Program
Description was submitted to HUD on March 12, 1993; that
on May 28, 1993, the City received approval of the HOME
Program Description from HUD; that the City is required
to execute a HOME Investment Partnership Agreement with
HUD; and the intended uses of the HOME allocation are as
follows:
rehabilitation of owner-occupied
houses
$200,300.00
assistance to first-time homebuyers
150,000.00
development financing for new
homeownership opportunities
73,000.00
administration (City and housing
nonprofits)
Total
74t700.00
$498,000.00
The City Manager recommended that he be authorized
to execute the Agreement with the U. S. Department of
Housing and Urban Development and to submit the requisite
documents accepting the HOME Investment Partnership
Program allocation of $498,000.00, with said funds to be
appropriated to accounts established in the Grant Fund by
the Acting Director of Finance and increasing 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:
440
ACTION:
ACTION:
(#31539-062893) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 77.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31539-062893. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None-- 0.
(Council Member McCadden was absent.)
Mr. Fitzpatrick offered the following resolution:
(#31540-062893) A RESOLUTION authorizing the City
Manager to execute an agreement with the U. S. Department
of Housing and Urban Development (HUD) accepting an
allocation for the HOME Investment Partnership Program,
and authorizing the execution and submittal of the
requisite documents for such funding.
(For full text of Resolution, see Resolution Book No. 55,
page 78.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31540-062893. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Council Member McCadden was absent.)
BUDGET-GRA~S-LIBRARIES: The City Manager submitted
a written report advising that Federal aid through a
Library Services and Construction Act (LSC~) Title I
Grant, in the amount of $26,312.00, for an Information
and Referral Service (Roanoke Valley Inform) has been
approved for the Roanoke City Public Library by
the Virginia State Library and Archives for fiscal year
1993-94; that the City's Library is a member of the
Roanoke Valley Public Libraries Consortium, along with
Roanoke County and City of Salem Public Libraries; and
the City Library will coordinate the project and assume
441
fiscal responsibility for grant monies, which will fund
materials, equipment, services, and extra staff for the
Informational and Referral Service.
It was further advised that a need exists for a
widely accessible information and referral program which
will reach all Roanoke Valley residents; that economic
pressures have increased the numbers of people needing
support services and requests to libraries for
information about the services has increased; that the
libraries have a minimum of reference personnel and
experience difficulty meeting patron needs for basic
information and referral answers; that the Council of
Community Services has a file of 2,700 information and
referral entries not directly accessible by computer or
during evenings and weekends, which they will share with
the libraries for entry into a computer database; that
the libraries have a capacity to deliver information
electronically, thereby providing a means of fulfilling
area information needs through dial-up service without
staff increases and time constraints.
It was pointed out that the Library Administration
recommends that the Library Services and Construction Act
Title I Grant, in the amount of $26,312.00, be used for
the following purposes:
create one Clerk/T~ptst I extra help position
for one year at 20 hours per week;
purchase necessary equipment for dial-up
service;
purchase supplies necessary to maintain
service and train staff and public;
contract for and install telephone lines; and
underwrite printing of promotional materials.
The City Manager recommended that Council accept the
Library Services and Construction Act Title I Grant for
an Informational and Referral Service, in the amount of
$26,312.00; and appropriate funds to the following
accounts to be established in the Grant Fund:
$1,050.00 to Administrative Supplies, Account
No. 035-054-5041-2030
$7,042.00 to Temporary Employee Wages, Account
No. 035-054-5041-1004
442
ACTION
ACTION:
$539.00 to FICA, Account No. 035-054-5041-1120
$14,967.00 to Other Equipment, Account No.
035-054-5041-9015
$2,714.00 to Telephone, Account No. 035-054-5041-
2020
The City Manager further recommended establishment
of a revenue estimate, In the amount of $26,312.00, and
that he, or his designee, be authorized to execute
necessary documents accepting said grant for the Roanoke
Public Library.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31541-062893) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 79.)
Mrs. Bowles moved the adoption of Ordinance No.
31541-062893. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None .......
(Council Member McCadden was absent.)
Mrs. Bowles offered the following resolution=
(#31542-062893) A RESOLUTION authorizing execution
of any and all necessary documents to accept a Library
Services and Construction Act (LSCA) Title I Grant for
the Roanoke City Public Library.
(For full text of Resolution, see Resolution Book No. 55,
page 80.)
Mrs. Bowles moved the adoption of Resolution No.
31542-062893. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote=
443
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers- 6.
NAYS: None 0.
(Council Member McCadden was absent.)
BUDGET-HUMAN DEVELOPMENT-YOUTH-SCHOOLS: The City
Manager submitted a written report advising that on
Aprll 15, 1992, Senate Bill 171 and House Bill 935: The
Comprehensive Service Act for At-Risk Youth and Families
(CEA) was enacted by the General Assembly of Virginia,
which "created a collaborative interagency system of
services and funding that is child-centered, family-
focused and community-based when addressing the strengths
and needs of troubled and at-risk youths and their
families"; that the CeA establishes, effective July 1,
1993, a pool of State funds to be expended for public or
private residential or non-residential services for the
targeted population of troubled youths and families;
and pursuant to Section 2.1-757 of the enacted
legislation, the purposes of the funds pool are, as
follows:
place authority for making program and funding
decisions at the community level;
consolidate categorical agency funding and
institute community responsibility for the
provision of services;
provide greater flexibility in the use of
these funds to purchase services based on the
strengths and needs of youths and families;
and
reduce inadvertent fiscal incentives for
serving children according to differing
required local match rates for funding
streams.
It was further advised that the Comprehensive
Services Act for At-Risk Youth and Families requires the
consolidation of eight categorical funding streams from
four agencies into a State Funds Pool which shall be
distributed to localities on a formula basis; that the
agencies and their funding streams are, as follows:
peDartment of Social Services
State and Local Foster Care
Foster Care Purchased Services
444
~epartment of Youth and Family Services
286 Special Placements
239 Special Placements
DePartment of Education
Private Tuition
Interagency Assistance
Other
Interagency Consortium
Mental Health Mental Retardation Substance
Abuse Services Purchased Beds for Adolescents
It was pointed out that in February 1993, the City
Council appointed, per the mandate of the Comprehensive
Services Act, the Roanoke Interagency Council, which is
the community policy and management team which will
manage the State Funds Pool; and the Comprehensive State
Funds Pool allocation for Roanoke City for July 1, 1993
through June 30, 1994, is as follows:
State Funds:
Local Funds:
$1,983,352.00
1,218~835.00
Total Allocation $3,202,187.00
The City Manager explained that the Roanoke
Interagenc¥ Council has determined that in addition to
the aforementioned State Funds Pool allocation for
Roanoke City, supplemental funds, in the amount of
$1,110,121.00 ($802,852.00 State funds and $307,269.00
local funds), will be needed for the period July 1, 1993
through June 30, 1994, in order to provide services for
the Comprehensive Services Act mandated population; that
the State allocation for administrative funds for the CSA
for July 1, 1993, through June 30, 1994, is in the amount
of $25,000.00 ($18,080.00 for State funds and $6,920.00
for local funds); that for the same period, Roanoke
City's Department of Social Services has appropriated
$2,675,000.00 for foster care services with estimated
revenue of $1,337,500.00, to be received from the
Virginia Department of Social Services, and
$1,337,500.00 in local matching funds to be received from
the City; that the funding pool is to be replaced by the
Comprehensive Services Act for At-Risk Youth and
Families, which requires less local cash match than was
required for the Foster Care Program (50 per cent); and
445
ACTION=
$1,058,811.00 is needed by the Department of Social
Services in local cash match for its share of CSA
expenditures and $6,920.00 for the CSA Administration
local cash match, which will leave $271,769.00 available
in local funds to be used for future mandated
expenditures.
It was further explained that Roanoke City Schools
will use the CSA State Funds Pool to replace their
Private Tuition and Interagency Assistance Funds; that
the School has estimated the total expenditures to be
$1,320,300.00 for the period July 1, 1993 through
June 30, 1994, which consists of $1,019,500.00 for that
which was formerly private tuition, as well as
$300,800.00 for that which was formerly lnteragency
assistance; and the Act requires that the Roanoke
Interagency Council reserve funds for the State Funds
Pool allocation in fiscal year 1994 for provision of
services for CSA defined "mandated target" and "non-
mandated target" children/youth.
The City Manager recommended that Council authorize
the establishment of a new cost center in the City's
General Fund, in the amount of $4,312,308.00, for the
Comprehensive Services Act for At-Risk Youth and
Families, and the establishment of a new cost center in
the City's General Fund, in the amount of $25,000.00, for
the CSA administrative funds.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31543-062893) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General and School Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 81.)
Mr. White moved the adoption of Ordinance No. 31543-
062893. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Council Member McCadden was absent.)
446
BUDGET-PARKS AND RECREATION-CHURCH AVENUE PARKING
GARAGE-CMERP-UTILITIES: The City Manager submitted a
written report with regard to appropriation of funds for
the Capital Maintenance and Equipment Replacement
Program, advising that the fiscal year 1992-93 budget
designated funds to provide for Maintenance of Fixed
Assets; that the Building Maintenance Department is
responsible for maintenance of the City's fixed assets,
and identified needs in City facilities costing less than
$15,000.00 are as follows:
Roof Repairs:
Utility Lines Meter Shop
Utility Lines Tractor Shop
Victory Stadium Press Box
Church Avenue Parking Garage
Elevator Room
Parks and Recreation Building
Storage Building - Northside Lot
620.00
360.00
886.00
2,717.00
756.00
240.00
Painting:
Villa Heights Recreation Center
(repairs to deteriorated wood and
painting of exterior)
4,840.00
Carpet:
Carpet for Engineering Department
Total
4t500.00
.$14,919~00
The City Manager recommended that Council authorize
the transfer of $14,919.00 from the Capital Maintenance
and Equipment Replacement Program account to Building
Maintenance, Account No. 001-052-4330-3056.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31544-062893) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 83.)
447
ACTION:
Mr. Musser moved the adoption of Ordinance No.
31544-062893. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None
O.
(Council Member McCadden was absent.)
CITY CODE-BUILDINGS/BUILDING DEPARTMENT-PARKS AND
RECREATION-FEE COMPENDIUM: The City Manager submitted a
written report with regard to a proposed amendment to the
Fee Compendium for collection of amusement device
regulation fees, advising that prior to 1979, collection
of amusement device inspection fees had been regulated
through the existing elevator inspection and
certification process; that since approximately 1980,
fees were collected based on guidelines established by
the Department of Housing and Community Development in
order to defray the administration and inspection costs
of these inspections; that pursuant to Section 600.0 of
the Virginia Amusement Device Regulations (VADR) was
promulgated by the Virginia Board of Housing and
Community Development to supplement the provisions of the
Uniform Statewide Building Code for amusement devices;
that Section 600.1 of the VADR authorizes the Building
Commissioner to enforce the VADR; and Section 7-14 of the
Code of the City of Roanoke (1979), as amended, which
regulates fees charged under the Building Code, needs
slight clarification.
It was further advised that effective March 1, 1993,
Section 600.6.1 of the VADR requires a schedule of fees
be established by the local government, which is to be
made available to the public upon request; that the
Virginia Amusement Device Regulations specify that the
fees established in the fee schedule cannot exceed the
actual costs of the activities performed such as the
processing of permits, inspection of the amusement
devices, posting of inspection labels, etc.; and
definition of some of the amusement rides encompassed by
the previously mentioned regulations and for which a fee
schedule is proposed, is as follows:
Kiddie Rides - Fee $15.00 - designed primarily
for use by children up to the age of 12 which
requires simple reassembly procedures prior to
operation;
448
ACTION:
Major Rides - $25.00 - "flat ride" or
"circular ride" which may be inspected
principally from the ground or loading
platform; and
Spectacular Rides - $45.00 - "high ride",
"flat ride" or "circular ride", which because
of their height, size, length, capacity, or
complexity of assembly and operation, require
greater amounts of inspection effort.
The City Manager recommended that Council approve
the proposed City Code amendment to Section 7-14 of the
Code of the City of Roanoke (1979), as amended, to
provide for performance of inspections for amusement ride
devices and to amend the Fee Compendium in order to be
consistent with said City Code Amench~ent.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinance:
(#31545-062893) AN ORDINANCE amending and
reordaining subsection (a) of Section 7-14, Permit and
inspection fees, of Article II, Building Code, of
Chapter 7, Building Regulations, of the Code of the City
of Roanoke (1979), as amended, to provide for charging of
fees for reinspection and to refer specifically to the
City's Fee Compendium; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 84.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31545-062893. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Council Member McCadden was absent.)
Mr. Fitzpatrick offered the following resolution:
449
ACTION=
(#31546-062893) A RESOLUTION providing for fees
charged by the Building Department for collection of
amusement ride device fees.
(For full text of Resolution, see Resolution Book No. 55,
page 85.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31546-062893. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers --6.
NAYS: None -0.
(Council Member McCadden was absent.)
TRAFFIC-SEWERSANDSTORMDRAINS-STATE HIGHWAYS-FLOOD
REDUCTION/CONTROL-CONSULTANTS REPORTS-WATER RESOURCES:
The City Manager submitted a written report advising that
Council, at its regular meeting on April 9, 1988,
approved contracting for two contact and acquisition
assistance personnel to work on the Roanoke River Flood
Reduction Project; that contracts with a two-year limit
were awarded at the regular meeting of Council on
December 10, 1990; that the Peters Creek Flood Reduction
Project, Second Street/ Gainsboro Road Widening Project,
and Carvins Cove Water Filtration Plant Expansion Phase
II were added as additional projects; and new contracts,
which will expire on October 30, 1994, were approved at
the regular meeting of Council on October 26, 1992.
It was further advised that reduced effort levels
are required to keep Roanoke River Flood Reduction
Project on track, as well as increased effort levels
necessary to keep the Carries Cove Water Filtration Plant
Expansion Phase II Project on track; and other projects
that are in need of these services are identified as
follows:
Bridge Maintenance/Replacement Program iS
proceeding with the replacement of three
bridges; and
Sanitar~ Sewer Infiltration/Inflow Reduction
Program is preparing Peters Creek - Phase I
and Peters Creek - Phase II projects for
construction.
45O
ACTION=
It was explained that additional projects will be
added as needed, however, under no circumstances will
contract limits be exceeded without proper authorization.
The City Manager recommended that he be authorized
to add new projects in the future as described in his
written report on condition that contract limits are not
exceeded; and that the Acting Director of Finance be
authorized to appropriate $35,000.00 from Sewer Fund -
Retained Earnings to Account No. 003-056-8459-9003,
Sewershed Infiltration/Inflow Project Design - Phase I
and that said funds be encumbered for Peters Creek -
Phase I and Peters Creek - Phase II.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31547-062893) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Sewage Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 86.)
Mrs. Bowles moved the adoption of Ordinance No.
31547-062893. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers .... 6.
NAYS: None' O.
(Council Member McCadden was absent.)
VIRGINIA MUNICIPALLEAGUE-APPALACHIANPOWER COMPANY-
CITY GOVERNMENT-SCHOOLS: The City Manager submitted a
written report advising that governmental electric rates
have been established through contract negotiations for
three-year term increments since 1974; that the type of
rates are: (1) schools; (2) pumping (water and sewage);
(3) other (general government); and (4) street lighting;
and the current contract rates are due for consideration
for change as of July 1, 1993.
It was further advised that Appalachian Power
Company (APCO) has recommended a phased two-step increase
totalling 8.9 per cent over the proposed new three-year
451
term of July 1, 1993, through June 30, 1996; that a
potential for a smaller increase exists, which can only
be developed through an exchange of information between
representatives of APCO and expert rate personnel
representing the City; that the City has, historically,
Joined with other cities, towns and counties served by
APCO in order to negotiate, as a block unit, through the
Virginia Municipal League and Virginia Association of
Counties; that the representatives of the City on the
Electrical Rate Steering Committee include the City
Attorney and the Director of Utilities and Operations
with additional staff support as required; that all
negotiations are subject to final approval of Council,
which has authorized expenditures in fiscal year 1994 for
electrical energy, as follows:
General Government
Water and Sewer Funds
Schools
$2,387,173.00
795,000.00
1,259,574.00
It was pointed out that the organizational meeting
of the Steering Committee was held in Roanoke on June 1,
1993; that rate negotiations have begun, with the amount
of the proposed rate increase being evaluated; that an
assessment to pay for rate experts retained through the
Virginia Municipal League and the Virginia Association of
Counties has been received from the VML, in the amount of
$28,511.00; that the last general assessment was made in
1990, in the amount of $23,420.00; that any remaining
funds will be retained and properly accounted for by the
VML for negotiations; and an additional assessment will
be made if there should be a short-fall of funds.
The City Manager recommended that Council authorize
the payment of $28,511.00 to the Virginia Association of
Counties to cover the City's pro rata share of rate
negotiation expenses; and that $28,511.00 be transferred
from Capital Maintenance and Equipment Replacement
Reserve to Director of Utilities and Operations Fees for
Professional Services, Account No. 001-056-1250-2010.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
452
ACTION=
(#31548-062893) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 87.)
Mr. Harvey moved the adoption of Ordinance No.
31548-062893. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None -0.
(Council Member McCadden was absent.)
BUDGET-INSURANCE-FIRE DEPARTMENT-CITY JAIL: The
City Manager submitted a written report advising that on
August 31, 1992, a fire occurred in the Roanoke City
Jail, which was physically located in the laundry room of
the facility; that the cause of the fire was believed to
be spontaneous combustion of damp rags in the laundry
room; that Miller's Mutual, the insurance carrier for the
City, was notified of the fire and the damages; and the
fire insurance coverage includes both building and
contents with a $5,000.00 deductible per occurrence.
It was further advised that the laundry facility was
repaired and renovated to ensure that this type of
accident does not occur again; that the cost of clean up
and renovation totalled $106,475.64; that the cost of
fire damage, in the amount of $92,691.38, was covered by
the City's insurance company, which reimbursed the City
$87,691.38 for the fire related expenditures, less the
deductible of $5,000.00; that outstanding charges related
to the fire, in addition to the deductible, were in the
amount of $18,784.26; that the abovementioned charges
were considered to be related to upgrades, and therefore,
not covered under the insurance policy; and the claim
with regard to the value of the dry cleaning machine has
not been resolved.
The City Manager recommended that Council take the
following actions=
increase the revenue estimate for Insurance
Recoveries, Account No. 001-020-1234-0862, in
the amount of $87,691.38;
453
ACTION:
appropriate $87,691.38 to jail-Fire Repairs,
Account No. 001-024-3310-9017~ and
transfer $18,784.26 from Insurance, Account
No. 001-050-1262-3020, to Jail-Fire Repairs,
Account No. 001-024-3310-9017.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(%31549-062893) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 88.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31549-062893. The motion was seconded by Mrs. Bowles and
adopted by the following vote=
AYES: Council Members Fitzpatrick, Harvey, Musser,
~hite, Bowles and Mayor Bowers- - ..... 6.
NAYS: None
(Council Member McCadden was absent.)
EQUIPMENT-WATER RESOURCES: The City Manager
submitted a written report recommending that Council
accept the bid submitted by Griffin Pipe Products Co., to
supply ductile iron water pipe for the period July 1,
1993 to June 30, 1994, for a total bid price of
$260,660.00; and reject all other bids received by the
City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution~
(%31550-062893) A RESOLUTION accepting the bid of
Griffin Pipe Products Co., made to the City for
furnishing and delivering ductile iron water pipe~ and
rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 55,
page 90.)
454
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No.
31550-062893. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None- 0.
(Council Member McCadden was absent.)
EQUIPMENT-SEWERS AND STORM DRAINS-WATER RESOURCES:
The City Manager submitted a written report recommending
that Council accept the following bids to supply water
and sewage treatment chemicals for the period July 1,
1993 to June 30, 1994, and reject all other bids received
by the City:
Standard Ground Alum - Prlllaman Chemical
Corporation, in the amount of $220.00 per ton.
Liquid Chlorine - Jones Chemicals, Inc., in
the amount of $23.50 per cwt for 150 lb.
cylinders, and $18.9575 per cwt for 2,000 lb.
cylinders.
Sodium Sllico Fluoride - Prlllaman Chemical
Corporation, in the amount of $25.80 per cwt.
Aluminum Chloride - Gulbrandsen Manufacturing,
Inc., in the amount of $.10 per gallon.
Sulfur Dioxide - Jones Chemicals~ Inc., in the
amount of $380.00 per ton.
Pickle Liquor - Rappahannock Wire Company, in
the amount of $.0494 per gallon.
Sodium Hydroxide - Van, Waters and Rogers,
Inc., in the amount of $.58 per gallon.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31551-062893) A RESOLUTION accepting bids for
water and sewage treatment chemicals for fiscal year
1993-94, and rejecting other bids.
(For full text of Resolution, see Resolution Book No. 55,
age 90.)
455
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Resolution No.
31551-062893. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers--- 6.
NAYS: None. 0.
(Council Member McCadden was absent.)
DONATIONS/CONTRIBUTIONS-HOTEL ROANOKE CONFERENCE
CENTER-VIRGINIA TECH-CONVENTION AND VISITORS BUREAU-
TOURISM-ECONOMIC DEVELOPMENT: The City Manager submitted
a written report advising that Council voted to fund the
City's donation, in the amount of $500,000.00, to the
Roanoke Valley Convention and Visitors Bureau (RVCVB) for
fiscal year 1993-94; that Council has requested
assistance from the RVCVB in marketing and selling the
new Hotel Roanoke Conference Center; that the City
Administration is negotiating an agreement in order to
ensure that the donated funds will be used for the
abovestated purposes; and the RVCVB has submitted, for
approval by the City Manager, a budget setting forth the
anticipated expenditures of City funds involved.
The City Manager recommended that Council authorize
the donation of $500,000.00 to the Roanoke Valley
Convention and Visitors Bureau; and that he be authorized
to execute an agreement which provides for a term of one
year with RVCVB for the express purpose of increasing
tourism in the Roanoke Valley and assisting in marketing
of the new Hotel Roanoke Conference Center.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31552-062893) A RESOLUTION authorizing an
agreement with the Roanoke Valley Convention and
Visitor's Bureau for the purpose of increasing tourism in
the Roanoke Valley and to assist in marketing the
proposed Hotel Roanoke Conference Center.
(For full text of Res¢lution, see Resolution Book No. 55,
page 92.)
Mr. Harvey moved the adoption of Resolution No.
31552-062893. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
456
ACTION:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers ........... 6.
NAYS: None --- 0.
(Council Member McCadden was absent.)
ACTING DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Acting Director of
Finance submitted the financial report for the City of
Roanoke for the month of May, 1993.
(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-PUBLIC WORKS-CAPITAL IMPROVEMENTS PROGRAM-
CMERP: The Acting Director of Finance submitted a
written report with regard to the closeout of certain
accounts for completed capital projects, advising that
capital projects of all types have been approved by
Council for construction over the past years; that these
projects have included construction in major categories
for buildings, parks, highways, sanitarysewers and storm
drains; that funding is established for each project when
Council approves the construction based on bids for the
various construction costs, as well as extra funding for
possible contingencies; and completed projects have
relatively small amounts of contingency funds remaining
after final bills are paid inasmuch as most projects are
completed within established budgets.
The Acting Director of Finance recommended that he
be authorized to closeout certain completed capital
projects and to transfer funds into appropriate capital
-accouDts as set forth in a proposed budget ordinance.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
457
ACTION:
(#31553-062893) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 93.)
Mrs. Bowles moved the adoption of Ordinance No.
31553-062893. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers--- 6.
NAYS: None-- 0.
(Council Member McCadden was absent.)
CITY ATTORNEY:
CITY CODE-LEGISLATION: The City Attorney submitted
a written report advising that since 1982, Council has
reenacted and recodified the City Code on an annual basis
in order to properly incorporate amendments which are
made by the General Assembly at the previous Session to
State statutes that are incorporated by reference in the
City Code; that this procedure ensures that the
ordinances codified in the City Code incorporate current
provisions of State law; that incorporation by reference
is frequently utilized in local codes to preclude having
to set out lengthy provisions of State statutes in their
entirety; that in addition, the technique ensures that
local ordinances are always consistent with State law as
is generally required; and the procedure whereby a local
governing body incorporates State statutes by reference
after action of the General Assembly has been approved by
the Attorney General.
The City Attorney recommended that Council adopt an
ordinance which would readopt and reenact the Code of the
City of Roanoke (1979), as amended, advising that if the
ordinance is not adopted, City Code sections
incorporating provisions of the State Code amended at the
last Session of the General Assembly may be impermissibly
inconsistent, which could result in the dismissal of
criminal prosecutions under such City Code sections.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinance:
458
ACTION=
(#31554-062893) 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. 55,
page 95.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31554-062893. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers --6.
NAYS: None 0.
(Council Member McCadden was absent.)
REPORTS OF COMMITTEES:
BUDGET-SEWERSAND STORM DRAINS-CONSULTANTS REPORTS-
WATER RESOURCES: Council Member William White, Sr.,
Chairperson, of a committee appointed by the Mayor to
tabulate bids received for construction of Carvins Cove
Filter Plant Improvements, Phase II, Contract C-2,
presented a written report on behalf of the Committee,
recommending that the City Manager be authorized to
execute a Unit Price Contract with H. Hamner Gay &
Company, Inc., in the amount of $2,334,535.00, and
establish a contingency, in the amount of $233,453.50,
for a total amount of $2,567,988.50, in a form to be
approved by the City Attorney; and that the Acting
Director of Finance be authorized to transfer
$2,567,988.50 from Account No. 002-056-8366, to a new
account to be entitled "Carvins Cove Phase II, Contract
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31555-062893) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 97.)
459
ACTION:
ACTION:
Mr. White moved the adoption of Ordinance No. 31555-
062893. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Council Member McCadden was absent.)
Mr. White offered the following emergency ordinance:
(#31556-062893) AN ORDINANCE accepting the bid of
H. Hamner Gay & Company, Inc., for construction of that
portion of the 13.5 mile waterline from Carvins Cove
Filter Plant to Crystal Springs Pump Station referred to
as Contract C-2, 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. 55,
page 98.)
Mr. White moved the adoption of Ordinance No. 31556-
062893. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers ........... 6.
NAYS: None 0.
(Council Member McCadden was absent.)
BUDGET-SEWERSANDSTORMDRAINS-CONSULTANTS REPORTS-
WATER RESOURCES: Council Member William White, Sr.,
Chairperson, of a committee appointed by the Mayor to
tabulate bids received for construction of Carvins Cove
Filter Plant Improvements, Phase II, Contract C-l,
presented a written report on behalf of the Committee,
recommending that the City Manager be authorized to
execute a Unit Price Contract with E. C. Pace Company,
Inc., in the amount of $1,485,976.80.00, and establish a
contingency, in the amount of $148,597.68, for a total
amount of $1,634,574.48, in a form to be approved by the
460
ACTION:
ACTION:
City Attorney; and the Acting Director of Finance be
authorized to transfer $1,634,574.48 from Account No.
002-056-8366, to a new account to be entitled "Carvins
Cove Phase II, Contract C-I".
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31557-062893) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 99.)
Mr. White moved the adoption of Ordinance No. 31557-
062893. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers --6.
NAYSt None O.
(Council Member McCadden was absent.)
Mr. White offered the following emergency ordinance:
(#31558-062893) AN ORDINANCE accepting the bid of
E. C. Pace Company, Inc., for construction of that
portion of the 13.5 waterline from Carvins Cove Filter
Plant to Crystal Springs Pump Station referred to as
Contract C-l, 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. 55,
page 100.)
Mr. White moved the adoption of Ordinance No. 31558-
062893. The motion was seconded by Mr. Harvey and
adopted by the following vote:
461
ACTION:
AYES: council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers
NAYS: None-
(council Member McCadden was absent.)
BUDGET_SEWERSANDSTORMDRAINS-CONSULTANTS REPORTS-
WATER RESOURCES: council Member William White, Sr.,
Chairperson, of a committee appointed by the Mayor to
tabulate bids received for construction of carvins Cove
Filter Plant improvements, Phase II, Contract B-2,
presented a written report on behalf of the committee,
recommending that the City Manager be authorized to
execute a Unit Price Contract with Aaron J. conner,
General Contractor, Inc., in the amount of $2,473,685.40,
and establish a contingency, in the amount of
$247,368.54, for a total amount of $2,721,053.94, in a
form to be approved by the City Attorney; and that the
Acting Director of Finance be authorized to transfer
$2,721,053.94 from Account No. 002-056-8366, to a new
account to be entitled -Carvins cove Phase II, Contract
B-2".
(For full text, see report on file in the City Clerk's
office.)
Mr. White offered-the following emergency budget
ordinance:
(~31559-062893) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 101.)
Mr. White moved the adoption of ordinance No. 31559-
062893. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers
NAYS: None-
(Council Member McCadden was absent.)
Mr. White offered the following emergency ordinance:
462
ACTION~
(#31560-062893) AN ORDINANCE accepting the bid of
Aaron J. Conner, General Contractor, Inc., for
construction of that portion of the 13.5 waterline from
Carvins Cove Filter Plant to Crystal Springs Pump Station
referred to as Contract B-2, 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. 55,
page 102.)
Mr. White moved the adoption of Ordinance No. 31560-
062893. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Council Member McCadden was absent.)
BUDGET-COMMITTEES-CITIZENS' SERVICES COMMITTEE-
SALVATION ARMY: Harold P. Kyle, Vice Chairperson of the
Citizens' Services Committee, appeared before Council and
presented a written report on behalf of the Committee
with regard to recommendations for funding of qualified
agencies for fiscal year 1993-94.
It was advised that the Citizens' Services Committee
budget was established by Council, pursuant to Ordinance
No. 31449-051093, by which the General Fund Budget for
Fiscal Year 1993-1994 was adopted on Monday, May 10,
1993; that funding requests from 33 agencies were
received, in the total amount of $609,945.00; that
individual study of each application was made by
Committee members, and public hearings were held on
March 31 and April 2, 1993, to consider requests and to
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 1993-94 approved by Council for the Citizens'
Services Committee provides for allocation of
$279,685.00; that most agencies submitting requests are
recommended to be funded for less than their request; and
the recommended funding amounts reflect the best
Judgement of the Committee in serving the citizens of the
City through these programs.
463
With regard to Bethany Hall, it was explained that
the Committee recommended payment of $20.00 per day for
City residents, up to a maximum of $5,000.00; that the
Committee recommends an allocation of $22,600.00 to The
Salvation Army and that a contract be executed with The
Salvation Army for the provision of services to City
citizens under the Homeless Housing Program and/or Abused
Women's Shelter; that $22,000.00 was recon~nended for
Unified Human Transportation Systems, Inc. (RADAR)
through Valley Metro, in order that Valley Metro will
receive credit for providing transportation to the
handicapped; that $1,800.00 was recommended for Inner
City Athletic Association through CORD; that $26,700.00
was recommended to be allocated to Roanoke Area
Ministries; and it has requested that $8,000.00 be
designated in the Citizens' Services Committee budget to
cover monitoring expenses.
The Citizens' Services Committee recommended that
Council concur in the funding of agencies in the amounts
indicated on a schedule attached to the Committee's
report, which report and schedule of agencies is on file
in the City Clerk's Office; that Council authorize the
Chairman of the Committee and the Acting 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; that the
Acting Director of Finance be authorized to transfer
$279,685.00 from the Citizens' Services Committee,
Account No. 001-054-5220-3700, to new line items to be
established within the budget of the Citizens' Services
Committee by the Acting Director of Finance; that the
City Manager, or his designee, be authorized to negotiate
a contract, in the amount of $22,600.00, with The
Salvation Army for provision of services to citizens of
the City under the Homeless Housing Program and/or Abused
Women's Shelter; and that Council authorize execution of
the contract following negotiation.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Kyle also presented the Committee's letter of
commendation on behalf of James D. Ritchie, Sr., relating
to his tenure as Chairperson of the Citizens' Service
Committee, and requested that the letter be included in
Mr. Ritchie's permanent personnel file.
464
ACTION:
The Mayor called attention to an incorrect subtotal
amount listed for the City of Roanoke in the tabulation
attached to the C~mmittee's report, and requested that
this amount be changed to reflect the correct amount of
$229,352.00.
Mr. White pointed out that in the report the
agencies were segregated between the regional agencies
and the agencies providing services only to Roanoke City
residents, and stated that in the future the Committee
may want to consider taking a broader view and look at
the segregation of in between regional agencies and
agencies providing services to the City of Roanoke; that
we need to look at whether each Jurisdiction is providing
its fair share to the needy of this community and to the
cultural activities of this community; and it appears
that Roanoke City is way ahead of the other Jurisdictions
in providing its fair share, but we are not ahead in the
population totals. He encouraged the City to continue to
seek assistance from the surrounding jurisdictions.
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31561-062893) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 103.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31561-062893. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White and Bowles 5.
NAYS: Mayor Bowers
(Council Member McCadden was absent.)
Mr. Fitzpatrick offered the following resolution:
(#31562-062893) A RESOLD~ION 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. 55,
page 105.)
465
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No.
31562-062893. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White and Bowles ........ 5.
NAYS: Mayor Bowers
(Council Member McCadden was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 31505, rezoning Lots 3
and 4, Block 1, Section 2, Map of Oregon Park, located at
the northeast intersection of Shenandoah Avenue and
Westwood Boulevard, N. W., designated as Official Tax No.
2640526 and 2640527, from C-l, Office District, to C-2,
General Commercial District, having previously been
before the Council for its first reading on Monday,
June 14, 1993, 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:
(#31505-062893) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 264, 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. 54,
page 66.)
Mrs. Bowles moved the adoption of Ordinance No.
31505-062893. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None 0.
(Council Member McCadden was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE ~YOR AND MEMBERS
OF COUNCIL:
466
ACTION:
CITY JAIL-EQUIPMENT: Council Member Harvey
requested that the City Manager take the necessary steps
in the design of the new addition to the Roanoke City
Jail to ensure that the air conditioning system is
adequately designed so that there is no possibility that
the Jail will be without air conditioning in the event of
a mechanical breakdown.
OTHER HEARINGS OF CITIZENS: None.
At 3:44 p.m., the Mayor declared the meeting in
recess.
At 5:34 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Members McCadden and White.
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:
(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,
Bowles and Mayor Bowers ........... 5.
NAYS: None 0.
(Council Member McCadden was absent.)(Council Member
White left the meeting during Executive Session.)
COMMITTEES-PARKSANDRECREATION: The Mayor advised
that the one year terms of M. Carl Andrews, Robert N.
Fishburn, and L. Thompson Hanes as members of the Mill
Mountain Development Committee will expire on June 30,
1993, and called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of M. Carl
Andrews, Robert N. Fishburn, and L. Thompson Hanes.
There being no further nominations, Messrs. Andrews,
Fishburn, and Hanes were reelected as members of the Mill
Mountain Development Committee, for terms of one year
each, ending June 30, 1994, by the following vote:
467
ACTION:
ACTION:
ACTION:
FOR MESSRS. ANDREWS, FISHBURN, AND HANES: Council
Members Fitzpatrick, Harvey, Musser, Bowles and
Mayor Bowers ......... 5.
(Council Members McCadden and White were absent.)
WAR MEMORIAL-COMMITTEES: The Mayor advised that the
one year term of Sloan H. Hoopes as a member of the War
Memorial Committee will expire on June 30, 1993, and
called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Sloan H.
Hoopes.
There being no further nominations, Mr. Hoopes was
reelected as a member of the War Memorial Committee, for
a term of one year, ending June 30, 1994, by the
following vote:
FOR MR. HOOPES: Council Members Fitzpatrick,
Harvey, Musser, Bowles and Mayor Bowers ............... 5.
(Council Members McCadden and White were absent.)
COMMITTEES-CITIZENS' SERVICES COMMITTEE: The Mayor
advised that the one year term of Stanley R. Hale as a
member of the Citizens' Services Committee will expire on
June 30, 1993, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of
Stanley R. Hale.
There being no further nominations, Mr. Hale was
reelected as a member of the Citizens' Services
Committee, for a term of one year, ending June 30, 1994,
by the following vote:
FOR MR. HALE: Council Members Fitzpatrick, Harvey,
Musser, Bowles and Mayor Bowers .... 5.
(Council Members McCadden and White were absent.)
COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor
advised that the three-year term of Fletcher Nichols as
a member of the Roanoke Arts Commission will expire on
June 30, 1993, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of Fletcher
Nichols.
468
ACTION:
ACTION:
There being no further nominations, Mr. Nichols was
reelected as a member of the Roanoke Arts Commission, for
a term of three years, ending June 30, 1996, by the
following vote:
FOR MR. NICHOLS: Council Members Fitzpatrick,
Harvey, Musser, Bowles and Mayor Bowers ...... 5.
(Council Members McCadden and White were absent.)
Inasmuch as Mr. Nichols is not a resident of the
City of Roanoke, Mr. Harvey moved that the City residency
requirement for persons serving on authorities, boards,
commissions and committees appointed by the Council be
waived in this specific instance. The motion was
seconded by Mr. Fitzpatrick and adopted.
COMMITTEES-LIBRARIES: The Mayor advised that the
three-year term of Marc J. Small as a member of the
Roanoke Public Library Board will expire on June 30,
1993, and called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Marc J.
Small.
ACTION:
There being no further nominations, Mr. Small was
reelected as a member of the Roanoke Public Library
Board, for a term of three years, ending June 30, 1996,
by the following vote:
FOR MR. SMALL: Council Members Fitzpatrick, Harvey,
Musser, Bowles and Mayor Bowers .............. 5.
(Council Members McCadden and White were absent.)
There being no further business, the Mayor declared the
meeting adjourned at 5:36 p.m.
APPROVED
ATTEST:
Deputy City Clerk
Mayor
469
SPECIAL SESSION
---ROANOKE CITY COUNCIL
July 12, 1993
10:00 a.m.
The Council of the City of Roanoke met in special session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, July 12,
1993, at 10:00 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 July 6, 1993, with Mayor David A. Bowers
presiding.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr. (arrived at 10:35 a.m.), James G. Harvey, II,
Delvis O McCadden, Howard E. Musser, William White, Sr., and Mayor
David A. Bowers
ABSENT: None- 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Acting Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
FRANCHISES-COUNCIL: The Mayor referred to the
following communication calling the special meeting of
Council:
"July 6, 1993
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to §10 of the Roanoke City Charter, I am calling
a Special Meeting of the Council of the City of Roanoke
at 10:00 a.m., on Monday, July 12, 1993, in the City
Council Chamber. It is anticipated that immediately
after publicly convening the meeting, City Council will
convene in Executive Session. The purpose of the
Executive Session will be to discuss a request of the
City Manager to discuss specific legal matters requiring
470
ACTION:
ACTION:
the provision of legal advice by counsel, pursuant to
Section 2.1-344(A)(7) of the Code of Virginia (1950), as
amended, specifically being the terms and conditions of
a franchise agreement to utilize public rights-of-way.
It is not anticpated that any public action will be taken
at such meeting.
Sincerely,
S/David A. Bowers
David A. Bowers
Mayor"
(See communication on file in the City Clerk's Office.)
Mr. Musser moved that Council convene in Executive
Session to discuss a specific legal matters requiring the
provision of legal advice by counsel, specifically the
terms and conditions of a franchise agreement to utilize
public rights-of-way, pursuant to Section 2.1-344 (A)(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, McCadden,
Musser, White and Mayor Bowers .... 6.
NAYS: None -0.
(Vice-Mayor Fitzpatrick was absent.)
At 10:05 a.m, the Mayor declared the meeting in
recess.
Vice-Mayor Fitzpatrick entered the meeting at 10:35
a.m., during the Executive Session.
At 11:43 a.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL-FRANCHISES: With respect to the Executive
Session Just concluded, Mr. McCadden 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:
471
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, Musser, White and Mayor Bowers 7.
NAYS: None 0.
There being no further business, the Mayor declared the
special meeting adjourned at 11:45 a.m.
APPROVED
ATTEST:
City Clerk
Mayor
472
SPECIAL SESSION
---ROANOKE CITY COUNCIL
July 12, 1993
12:00 Noon
The Council of the City of Roanoke met in special session in
the Main Office of the City of Roanoke Redevelopment and Housing
Authority, 2624 Salem Turnpike, N. W., City of Roanoke, on Monday,
July 12, 1993, at 12:00 noon, (following lunch at 12:00 noon, the
meeting commenced 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 July 8, 1993, with Mayor
David A. Bowers presiding.
COUNCIL MEMBERS PRESENT:
Beverly T. Fitzpatrick, Jr., James G.
McCadden, Howard E. Musser, William
David A. Bowers---
Elizabeth T. Bowles,
Harvey, II, Delvis 0.
White, Sr., and Mayor
ABSENT: None-
O®
HOUSING AUTHORITY COMMISSIONERS PRESENT: Ronald O. Crawford,
Carolyn M. Johnson, James W. Burks, Jr., Willis M. Anderson, Jack
Loeb, Jo Anne Justis and Chairperson Robert W. Glenn, Jr.- ....... 7.
ABSENT: None.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; and Mary F. Parker, City Clerk.
OTHERS PRESENT: Neva J. Smith, Executive Director, Roanoke
Redevelopment and Housing Authority; H. Wesley White, Land
Planning/Subsidized Housing Director, Roanoke Redevelopment and
Housing Authority; and Evelyn A. Ringler, Secretary, Roanoke
Redevelopment and Housing Authority.
The meeting was opened with a prayer by Mayor Bowers.
COUNCIL-HOUSING/AUTHORITY: The Mayor referred to
the following communication calling the special meeting
of Council:
"July 8, 1993
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
473
tl
Pursuant to Sl0 of the Roanoke City Charter, I am calling
a Special Meeting of the Council of the City of Roanoke
on Monday, July 12, 1993, at 12:00 noon, in the Main
Office of the City of Roanoke Redevelopment and Housing
Authority, 2624 Salem Turnpike, N. W. The purpose of the
meeting will be to meet Jointly with Commissioners of the
Housing Authority to discuss matters of mutual interest
and concern to the City.
I am attaching copy of a draft agenda. If you have
questions or wish to include additional items, please
call the City Clerk as soon as possible.
Immediately following adjournment of our special meeting
which is scheduled for 10:00 a.m., on Monday, July 12, it
is my understanding that a City van will be available to
transport Members of Council and staff to the Housing
Authority Office.
Best personal regards.
Sincerely,
S/David A. Bowers
David A. Bowers
Mayor"
(See communication on file in the City Clerk's Office.)
HOUSING/AUTHORITY: The Mayor advised that over the
last year, City Council and the Roanoke City School Board
have held regular meetings which have led to better lines
of communication between the two bodies, and it is hoped
that the same course of action will be followed with the
City of Roanoke Redevelopment and Housing Authority. He
expressed appreciation to the Board of Co~umissioners of
the Housing Authority who serve without pay to represent
the best interests of the City's disadvantaged and
elderly citizens in order to meet housing and economic
development needs.
The Chairperson of the Housing Authority presented
copy of the May 1993 Monthly Report and the spring 1993
issue of the regional newsletter. He advised that it is
of importance to the Housing Authority to further develop
its relationship with City staff. He called attention to
recent initiatives by Housing Authority staff to work
with residents on leadership issues which could be the
answer to the future in public housing. To that end, he
pointed out that the Housing Authority has taken certain
steps to establish resident councils in each of the
public housing communities and that which was once a
dream, is now a reality. He explained that a resident
474
council is composed of a group of persons from the public
housing community who are elected by their peers to serve
in various offices, and advised that Council would be
hearing from representatives of two of the resident
councils which have joined forces to form the Joint
resident council. He stated that the resident councils
operate totally independent of the Board of Commissioners
of the Housing Authority, and in the near future, it is
hoped to further develop this relationship to the point
where the joint resident council will make
recommendations to the Housing Authority and work closely
with Housing Authority staff in areas that only residents
can identify. He commended Commissioner Carolyn M.
Johnson who has been a mainstay in efforts to develop "he
joint resident council approach, advising that she did an
excellent Job in bringing people together and in
developing a mission for the Joint resident council. He
introduced Virginia Booker, President of the Lansdowne
Resident Council, and Betty J. Allard, Treasurer of the
Jamestown Place Resident Council for presentations.
Ms. Allard requested that Council and the Board of
Commissioners consider conducting feasibility studies for
public housing development. She advised that present
regulations require that 30 per cent of the income of
residents must be paid as rent, and as residents become
self-supporting and their income levels increase, they
will be effectively taxed at the 30 per cent level,
however, she stated that such a policy acts as a
disincentive to employment. As a result, she advised
that HUD now grants certain waivers to public housing
authorities so that they may establish rent maximums.
She explained that Roanoke City public housing
development resident councils are rapidly moving ahead,
with the Lincoln Terrace Resident Council having recently
become incorporated. She stated that she is in the
process of developing a technical assistance grant for
Jamestown Place, and if approved, the Jamestown Place
Resident Council will be incorporated within one year of
receipt of the grant. :
Ms. Booker presented an overview of Roanoke City
public housing development resident council
accomplishments. She advised that when the resident
councils were established, they were disorganized, and
therefore, representatives of the Housing Authority
suggested that they work together to improve their lives,
and each of the Housing Authority developments went
through a process of elections to identify those
representatives who would willingly and eagerly represent
their communities. She stated that many of the resident
councils conduct a "fun day" to raise money to defray the
cost of operating expenses and to fund certain activities
475
for youth; and five of the resident councils are in the
process of raising funds to send young people to Kings
Dominion. she further stated that some of the resident
councils help each other with ideas and support and have
applied for operating grants. She referred to meetings
with representatives of other housing developments such
as those in Chicago, Pittsburgh, Texas and California,
and submitted that Roanoke has the closest relationship
with its Housing Authority than any other resident
council or committee that was interviewed. She commended
the relationships that exist between the Joint resident
council, the Housing Authority, the Police Department,
the C.O.P.E. Teams and other agencies such as Total
Action Against Poverty and Virginia Tech. She stated
that as a result of the good working relationship between
the Housing Authority and the resident councils, housing
developments are almost drug-free, and the crime rate has
decreased significantly. She explained that residents
have worked hard to achieve the goal that they do not
reside in a project but in a community or a neighborhood
that is composed of responsible, good, clean-living
citizens, and residents want to make their respective
development the best in the Roanoke Valley.
Ms. Johnson expressed pride in the resident
councils, advising that they have come a long way,
however, much work remains to be done. She stated that
resident councils have visited other housing
developments, and Roanoke's developments look like
townhouses compared to those in San Francisco and
Washington, D. C. She expressed appreciation to Council
Members and to City officials for their assistance over
the years, and expressed a special note of appreciation
to Neva J. Smith, Executive Director of the Roanoke
Redevelopment and Housing Authority, for her leadership
and guidance.
In connection with a statement made by Ms. Booker
that housing developments are almost drug-free, Mr.
McCadden called attention to the City's Crime Line, and
stated that citizens who wish to make reports may do so
anonymously. He commended the resident councils for
their ongoing work on behalf of their respective housing
developments.
Mr. Harvey expressed appreciation to housing
development residents inasmuch as it appears that they
are working together more now than ever before. He added
that the resident councils appear to operate similar to
the Neighborhood Partnership which was initiated by the
City and has proven to be a successful tool in bringing
neighborhoods together.
476
Vice-Mayor Fitzpatrick advised that occupants of the
housing communities are investing their time and energy,
and the resident councils and the Housing Authority
should be commended for permitting a certain amount of
freedom to take place that has not otherwise existed in
the past. He commended residents for showing pride in
their respective housing developments.
The Mayor referred to Henry Street and downtown
housing development, advising that Henry Street is under
the auspices of the Housing Authority, and former Mayor
Noel C. Taylor has continued his work to revitalize the
Henry Street area. He called attention to the Hotel
Roanoke renovation and the proposed conference center,
the realignment of Wells Avenue, the pedestrian bridge,
and the rallside park along the main line of the railroad
to connect with the Virginia Museum of Transportation,
all of which will be a spin-off for Henry Street. He
added that the City has the possibility of a tremendous
downtown destination center with the Hotel Roanoke, City
Market, Virginia Museum of Transportation, Center In The
Square, and Henry Street, and it is important for the
focus to remain in those areas. He spoke in support of
some type of upper level housing or modular housing in
the Henry Street area. Additionally, he called attention
to the importance of bringing businesses into the Henry
Street area, particularly with the Second Street
realignment and the bridge across the railroad tracks.
He added that it has been at least a decade since a
public housing/senior citizen housing project was
developed by the Housing Authority, and called attention
to the obvious trend that the City is getting poorer and
older in population. He stated that it would be
advantageous to establish downtown housing which could be
tied in with senior citizen housing, i.e., a high rise
complex near Elmwood Park where citizens would have easy
access to various services that are located in downtown
Roanoke.
Mr. Fitzpatrick pointed out that over the years
certain unique opportunities have occurred with the City
and the Housing Authority working collectively, however,
he was unsure if the Members of Council specifically
understand the powers of the Housing Authority to do
certain things that have not, to date, been done in the
City of Roanoke. He stated that the Council and the
Housing Authority have been partners in assisting
citizens who need help and in the creation of Jobs; and
it is important that Council be aware of exactly what the
Housing Authority is empowered to do in an effort to
develop a strategy that mixes the Housing Authority's
capacities with those of City Council in order to focus
on certain future partnerships.
477
I
Mr. Glenn requested that the Executive Director
furnish the Members of Council with a report summarizing
the powers of the Roanoke Redevelopment and Housing
Authority.
Mr. Anderson advised that there is very little the
Housing Authority cannot do under the statutes of
Virginia, subject to approval by City Council; that
Council has veto power over virtually any project that
the Housing Authority might undertake; that the Housing
Authority is an independent political subdivision of the
Commonwealth of Vlrginia;~that it has powers of imminent
domain and what it can do is limited only by its
imagination and by Council's imagination, as well as the
necessary funds.
The Executive Director advised that the
Redevelopment and Housing Authority recently completed
and forwarded its validated budget to the Department of
Housing and Urban Development for the coming year, which
points out that the Housing Authority is placing
approximately $14.5 million into the Roanoke economy.
She advised that since January 1, 1993, Housing Authority
maintenance staff has processed 8,753 work orders; that
in the near future, the Authority will award a contract
to locate underground utilities within certain housing
developments; that approximately 83 purchase orders are
issued per month within the maintenance department for
ordinary maintenance supplies; and staff is investigating
bulk bidding and consolidation of purchasing in order to
obtain the best prices, and discussions have been held
with the City's Purchasing Department relative to a Joint
purchasing venture.
With regard to rehabilitation, Ms. Smith explained
that $450,000.00 has been spent on responses to
emergencies, down payment closing costs, and Operation
Paintbrush, all of which come under the Community
Development Block Grant (CDBG) program that the City
contracts with the Housing Authority to operate. She
referred to receipt of a grant from the State, in the
amount of $616,000.00, which will be used to upgrade low
to moderate income housing within the City that is in
addition to CDBG funds. In connection with the Section
8 Program, she advised that affordable housing is
provided for 1,308 families, rental assistance payments
are provided to 543 landlords, and $328,000.00 was
expended during the month of June for private landlord
payments within the City.
In relation to public housing development, Ms.
Smith explained that there are 1,386 occupied units;
that a screening committee was appointed to assist in
the selection of residents to live in public housing
478
communities; and recently, security services were
provided at both of the high rise housing developments.
She stated that the Housing Authority applied for a
comprehensive grant, in the amount of $1,974,000.00, from
HUD for use in public housing development; that
modernization work is underway at Hurt Park where six
buildings have now been completed; that asbestos has been
abated at Morningside Manor, elevators are being
upgraded, and bids will be received at the end of the
month on a sprinkler system; that in the near future bids
will be received on site work and masonry work at Blue
Stone Manor; and verbal approval has been received on a
Drug Elimination Grant, in the amount of $297,000.00.
She added that funds are included in the upcoming budget
for the C.O.P.E. Team, for resident activities and for
the continued upgrading of public housing developments,
etc. Of all public housing developments, she stated that
the average annual family income is $7,473.00.
The Mayor expressed an interest in the shell
building concept and inquired if the Housing Authority
would be interested in some type of revolving fund.
Mr. Crawford advised that the Housing Authority is
aware of the importance of good housing stock in the
City, which needs to be reviewed by Council and the
Housing Authority, collectively, in terms of setting up
a funding leverage, and would like for the Housing
Authority to submit recommendations to City Council as to
how the process could evolve in the future.
Mr. Musser called attention to the need for
construction in the City of new moderate and upper level
income housing.
Mr. Loeb stated that there is not a great deal of
new construction in the City of Roanoke as compared to
the surrounding localities, and he is confident that the
home building industry will work in any way with the
Housing Authority and City Council on overcoming those
obstacles that currently exist.
On behalf of Councll and the City Council
Appointees, the Mayor expressed appreciation to the
Housing Authority for its hospitality and extended an
invitation for Council to host the next joint meeting of
the two bodies.
479
There being no further business, the Mayor declared the
special meeting adjourned at 1:30 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
480
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
July 12, 1993
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 12,
1993, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members James G. Harvey, II,
Delvis 0. McCadden, Howard E. Musser, William White, Sr.,
Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., and Mayor
David A. Bowers ...... 7.
ABSENT: None ....
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dlbling, Jr., City
Attorney; James D. Grisso, Acting Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
STATE OF THE CITY REPORTS: The Mayor presented his
1993 State of the City report.
(For full text, see report on file in the City Clerk's
Office.)
BID OPENINGS
INDUSTRIES: Pursuant to notice of advertisement for
bids for construction of Blue Hills Circle, N. E.,
Roanoke Centre for Industry and Technology, said bids to
be received by the City Clerk until 4:30 p.m., on Monday,
July 12, 1993, 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:
481
ACTION:
ACTION:
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
S. R. Draper Paving Co., Inc.
W. C. English, Inc.
$880,898.00
888,611.50
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 William White, Sr., Chairperson,
William F. Clark and Philllp F. Sparks as members of the
committee.
SEWERS AND STORM D~AINS: Pursuant to notice of
advertisement for bids for Liberty Road Sanitary Sewer
Replacement, said bids to be received by the City Clerk
until 4:30 p.m., on Monday, July 12, 1993, 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
TOTAL AMOUNT
E. C. Pace Co., Inc.
J. P. Turner & Brothers, Inc.
S. C. Rossi & Co., Inc.
Aaron J. Conner General
Contractor, Inc.
$20,520.00
23,010.00
27,580.00
39,550.00
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 William White, Sr., Chairperson,
Kit B. Kiser and Steven L. Walker as members of the
committee.
WATER RESOURCES: Pursuant to notice of
advertisement for bids for construction of Carvins Cove
Phase II Water Improvements, Contract B-l, said bids to
be received by the City Clerk until 4:30 p.m., on Monday,
July 12, 1993, 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
482
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
TOTAL PROJECT COST
H. Hamner Gay & Co., Inc.
Aaron J. Conner General
Contractor, Inc.
E. C. Pace Co., Inc.
Yates Construction Co., Inc.
Wright & Lopez
G. L. Howard, Inc.
Ramey, Inc.
$2,924,017.00
2,946,698.65
3,103,902.00
3,194,114.60
3,347,732.00
3,369,128.00
3,649,263.50
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 William White, Sr., Chairperson,
Kit B. Kiser and M. Craig Sluss 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 ~dvertised a public hearing for
Monday, July 12, 1993, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
Akzo Coatings, Inc., that a 265.15 foot section of Burks
Street, S. W., formerly known as Reed Street, which
extends between Official Tax Nos. 1510302 and 1510303, be
permanently vacated, discontinued and closed, the matter
was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
June 25, 1993, and Friday, July 2, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.) ~
A report of t~e City Planning Commission
recommending that Council approve the request to
permanently vacate, discontinue and close the subject
section of Burks Street, S. W., subject to the following
conditions, was before the body.
483
The applicant shall submit to the City for
approval, and receive approval of a
subdivision plat, providing for the dedication
thereon, of an area 30 feet wide, and
reserving within the area vacated, any and all
existing utility easements.
The applicant shall submit to the City for
approval, and receive approval of, plans and
profiles for the construction of the proposed
new section of Burks Street, S. W. The plans
shall include a clean environmental assessment
of Burks Street and the land to be dedicated,
demonstrating that both parcels contain no
chemical contamination. Said assessment shall
be acceptable to the City Manager.
The applicant shall agree to indemnify and
hold harmless the City, its agents and
employees for any environmental liability,
including but not limited to all costs, fines
and penalties arising out of the City's
current ownership of Burks Street or the
City'~ future ownership of property to be
dedicated to the City.
The applicant, prior to the City's approval of
the above-cited subdivision plat and street
plans and profiles, shall file with the City a
subdivider's agreement and bond with surety,
letter of credit, or other performance
guarantee, in an amount sufficient to
construct the proposed new street and in a
form acceptable to the Office of the City
Attorney. The applicant, upon the City's
approval, shall thereafter record said
subdivision plat in the Office of the Clerk of
the Circuit Court. Said filing shall
constitute the applicant's acceptance of the
conditions of closure.
Any ordinance providing for the closure of the
subject section of Burks Street, S. W., shall
provide that if the above-cited conditions
have not been met and fulfilled within a
period of 12 months from its adoption, said
ordinance shall become null and void with no
further action from City Council being
necessary.
(For full text, see report on file in the City Clerk's
Office.)
484
ACTION:
Mr. Fitzpatrick moved that the following ordinance
be placed upon its first reading:
(#31563) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 208.)
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;
whereupon, Raymond R. Robrecht, Attorney, appeared before
Council in support of the request of his client.
A communication from Harwell M. Darby, Jr.,
Attorney, representing Virginia Scrap Iron and Metal
Company, objecting to the request on the basis that
primarily his client is unsure, once the street closing
is approved, if it will have the same access to its
property that it had prior to said closing, was before
Council.
Specifically, Mr. Darby advised that his client is
concerned with the turn radii for trucks coming down
Union Street turning onto the railroad right-of-way, and
the access limitations that will be imposed by the turn
into the right-of-way with no correlative changes in the
railroad right-of-way.
Mr. Darby submitted with his letter copy of a
communication from Mr. Sam Golden, representing Virginia
Scrap Iron and Metal Company in which he states that the
City is taking away a public street which is the one and
only access to his property for the private and exclusive
use of the petitioner. He advised that the proposed
street closing and the alternative will leave Virginia
Scrap Iron and Metal Company with an access and entrance
to it property from a newly constructed, no name alley,
with corners difficult and impossible for tractor trailer
equipment to negotiate and will make his company's 20
acres of first class prime industrial property virtually
worthless and unsalable, which is unfair treatment.
(For full text, see communication on file in the City
Clerk's Office.) :
485
In connection with the above statement that if the
request is approved, the City will be taking away a
public street which is the one and only access to the
property of Virginia Scrap Iron and Metal Company for the
private and exclusive right of another party, Members of
Council questioned whether or not this is a true
statement.
Mr. Edward R. Tucker, City Planner, advised that the
petitioner is seeking approval to close a street that
already has certain risks as it currently exists in order
to build a better street, and the petitioner has agreed
to abide by all of the abovereferenced conditions imposed
by the City Planning Commission.
Without objection by Council, the Mayor advised that
the communication from Mr. Darby be received and filed
and made a part of the official record.
Ordinance No. 31563 was adopted, on its first
reading, by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers- 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 vacancies on various authorities, boards,
commissions and committees appointed by Council. He
advised that Members of Council had requested that his
communication recommending Council's consideration of the
hiring of a Sports Director to promote and coordinate
City sporting events be withdrawn from the Consent Agenda
and considered separately; whereupon, Council concurred
in the request.
STATE OF THE CITY REPORTS: A communication from
Mayor David A. Bowers in connection with his 1992-93
State of the City Report, expressing appreciation to the
Members of Council for their help, support and advice
during his first year as Mayor, was before the body.
486
ACTION:
ACTION:
Mayor Bowers called attention to controversies and
adversities experienced during the past year, as well as
significant accomplishments. He addressed the matter of
continued tourism initiatives and enumerated other
projects upon which the City should embark if it wishes
to become the "tourism capital of the Blue Ridge". He
commended Council for its efforts in bringing new
businesses to the City of Roanoke which, according to the
Virginia Employment Commission, as reported to the
Roanoke Times & World News, caused Roanoke to gain 2,500
Jobs in the period from April 1992 to April 1993. He
advised that he looked ~orward to even greater Council
team work in 1993-94.
(For full text, see comr~unication on file in the City
Clerk's Office.)
Mr. McCadden moved that the communication be
received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers -7.
NAYS: None. -0.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. McCadden 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. Fitzpatr~ck and adopted by the following
vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None '0.
487
I
ACTION:
ACTION:
DOWNTOWN ROANOKE, INCORPORATED-TOURISM-PARKS AND
RECREATION: A communication from Mayor David A. Bowers
transmitting a letter from Franklin D. Klmbrough, III,
Executive Director, Downtown Roanoke, Incorporated,
submitting a resolution with regard to the construction
of a proposed visitors center on the Blue Ridge Parkway
near the Mill Mountain exit, advising that with several
million people travelling up and down the Blue Ridge
Parkway, it would be an excellent opportunity for
Roanoke's activities to have a visitors center at that
intersection in order to inform and entice travellers
into the City, was before Council.
It was advised that the project would also benefit
Mill Mountain Zoo, the Transportation Museum, Center In
The Square, and all other activities available for
visitors and residents alike in Roanoke.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. McCadden moved that the communication be
received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers -7.
NAYS: None O.
PENDING LIST: A list of items pending from
February 10, 1992, through June 28, 1993, was before
Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mr. McCadden 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 Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ---7.
NAYS: None' 0.
488
ACTION:
ACTION=
COMMITTEES-ROANOKE ARTS COMMISSION: A report of
qualification of Richard C. Maxwell as a member of the
Roanoke Arts Commission, for a term ending June 30, 1996,
was before Council. ~
(See Oath or Affirmation. of Office on file in the City
Clerk's Office.) ~.
Mr. McCadden moved t~at the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers 7.
NAYS: None 0.
COMMITTEES-PERSONNEL DEPARTMENT: A report of
qualification of L. Bane Coburn as a member of the
Personnel and Employment Practices Commission, for a term
ending June 30, 1996, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. McCadden 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 Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None
REGULAR AGENDA
PARKS AND RECREATION-CELEBRATIONS-SPECIAL EVENTS:
Council having removed-from the Consent Agenda, for
discussion as a separate item, a communication from the
Mayor with regard to the hiring of a Sports Director to
promote and coordinate City sporting events, the matter
was before the body.
The Mayor advised that the number of festivals and
special events have become larger and more difficult to
coordinate; and E. Laban Johnson, Special Events
Coordinator, and his staff, have done an excellent Job of
coordinating activities with the various City
departments.
489
ACTION=
It was further advised that it is becoming quite
apparent that an outgrowth of the numerous activities may
result in the need for a "Sports Coordinator", with
emphasis on "eco-tourism" and "lifestyle tourism"; that
the responsibilities of the Special Events Committee have
expanded beyond the coordination of festivals and certain
other events; and it is important to consider the
addition of a Sports Director who would be charged with
the responsibility of promoting and coordinating the many
sporting events that are receiving popular attention from
the citizens of Roanoke.
The Mayor explained that it will be the decision of
the City Manager as to whether the position needs to be
created, how it will be funded, and which department it
should be assigned to; l.e, Special Events Coordinator,
Civic Center, a part of the Convention and Visitors
Bureau, or a regional office.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. McCadden spoke in support of the Mayor's
recommendation, however, he suggested that the position
of sports director should be a regional position as
apposed to a City position.
Before creating a new position, Mr. White advised
that inasmuch as City positions have been frozen in the
past due to the local economy, he would like the
assurance that those positions have been reviewed and
none hold a higher priority than the proposed position of
sports director.
Mr. McCadden explained that Roanoke City has
appropriated funds to the Roanoke Valley Convention and
Visitors Bureau for the position, and he would hope that
other Roanoke Valley governments will act favorably and
contribute their share toward funding for the position.
Following further discussion, Mr. McCadden moved
that the matter be referred to the City Manager with the
request that he contact other Jurisdictions in the
Roanoke Valley to determine if there is an interest in
establishing the position of Regional Sports Director.
The motion was seconded by Mr. Harvey and unanimously
adopted.
490
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
STREETS AND ALLEYS: A communication from James L.
Cross, Jr., requesting a refund of filing fees and
advertising charges, in the amount of $293.20, relating
to his petition to close a portion of Barns Avenue,
N. W., on the basis that he paid the fees with a previous
application, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. White moved that the request be referred to the
City Manager and the- City Attorney for proper
disposition. The motion was seconded by Mr. Harvey and
unanimously adopted~
HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: Mr.
Brian J. Wishneff, Acting Director of Conference Center,
presented an artist's rendering of the Hotel Roanoke
Conference Center, which project is now in the design
development phase. He gave an oral briefing with regard
to the proposed project.
Without objection by Council, the Mayor advised that
the remarks of Mr. Wishneff would be received and filed
and made a part of the official record.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting that Council appropriate
$2.2 million for the renovation of Morningside Elementary
School, advising that a Literary Fund loan for said
amount has been approved for the project; and further
requesting appropriation of funds to the following school
accounts, was before the body.
Grant No. 6141
$2,787,490.00 for the Chapter I
Winter Program to provide
- remedial reading, language arts
and mathematics instruction for
students in targeted schools.
The Program will be 100 per
cent reimbursed by Federal
funds.
Grant No. 6440
$42,221.00 for the 1993 Summer
Youth Employment Progra~ to
provide training and hands-on
experience for building trades
491
Grant No. 6441 -
Grant No. 6442 -
Grant No. 6516 -
Grant No. 6762 -
Grant No. 6763 -
Grant No. 6764 -
students. The Program will be
100 per cent reimbursed by
Federal funds.
$46,362.00 for the 1993 Summer
School Without Walls Program to
provide remedial and basic
education in the areas of
English, Math, Science and
Social Studies. The Program
will be 100 per cent reimbursed
by Federal funds.
$665,000.00 for the Alternative
Education Program to provide
instruction and guidance
services to secondary students
who are at-risk of leaving
school. The Program will be
funded by Federal funds and
local match.
$95,917.00 for the Special
Education Jail Grant to provide
funds for special education and
related services to eligible
inmates in the Roanoke City
Jail. The Program will be 100
per cent reimbursed by State
funds.
$109,887.00 for the Regional
Adult Literacy and Basic
Education Program for 1993-94
to provide funds for the
administration of adult
literacy programs. The Program
will be subcontracted through
Total Action Against Poverty.
$35,163.00 for the Regional
Adult Education Specialists
Program to provide ancillary
and support services for the
Adult Literacy and Basic
Education Program. The Program
will be 100 per cent reimbursed
by State funds.
$8,006.00 for the GED Testing
Program to provide instructors
for GED preparation classes and
492
.for the administration of the
GED examinations. The source
of funds will be student fees.
Grant No. 6765
$47,065.00 for the Specialist
for Occupational Transition
Program to provide funds for
the expenses of the Regional
Specialist. The Program will
be 100 per cent reimbursed by
State funds.
Grant No. 6766
$4,337.00 for the Adult
Education in the Jails Program
for 1993-94 to provide pass
.through funds to be used for
instruction to inmates in the
Roanoke City and Roanoke County
Jails to aid in their
acquisition of the GED
Certificate. The Program will
be 100 per cent reimbursed by
Federal funds.
Grant No. 6910
$30,000.00 for the Impact Aid
Program to provide funds for
, salary and fringe benefits of
the grant office Secretary and
for operating supplies of the
grants office. The Program
· . will be 100 per cent reimbursed
, by Federal funds.
A report of the Acting Director of Finance
recommending that Council concur in the request of the
School Board, was also before the body.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. White offered the following emergency budget
ordinance:
(#31564-071293) AN ORDINANCE to amend and reordain
certain sections of the ~992-93 School and Capital Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 107.)
493
ACTION:
Mr. White moved the adoption of Ordinance No. 31564-
071293. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was out of the Council Chamber.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-POLICE DEPARTMENT-FIRE DEPARTMENT-JEFFERSON
CENTER-WATER RESOURCES-EQUIPMENT: The City Manager
submitted a written report advising that Council, at its
meeting on Monday, May 17, 1993, rejected bids received
for furnishings for the Jefferson Center inasmuch as the
amount of the bid exceeded the estimated cost; however,
Council authorized the purchase of items of furniture as
manufactured by Virginia Correctional Enterprises as a
direct purchase; that the City Engineer, with assistance
from three departments that will occupy the Jefferson
Center, reviewed existing items that could be moved to
the new office space and deducted those items from
materials and items to be supplied under the contract;
that a corrected bid from Virginia Correctional
Enterprises was solicited when certain specified
deductions were made in addition to movable office
partitions that were not included in the original bid;
and a purchase order has been issued to Virginia
Correctional Enterprises, pursuant to Resolution No.
31474-051793, adopted May 17, 1993, in the amount of
$64,696.12.
The City Manager recommended that Council authorize
the following actions:
accept the bid of Lee Hartman and sons, Inc.,
to supply audio-visual equipment, for the
total bid price of $29,985.00, and authorize
the Manager of General Services to purchase
certain items listed on the bid form:
494
ACTION:
Virginia Correctional
Enterprises
Passon's Sports
Lee Hartman and Sons, Inc.
J. G. Chairs
Estimated cost of remaining
items of furniture and
equipment
64,696.12
1,958.30
29,985.00
10,577.50
. 18~000.00
$125,216.92
Additional items to be
installed:
purchased and
Three Telephone Systems:
Fire Department
Police Academy
Water Department ..
$12,000.00
4,000.00
2~000.00
$18,000.00
Public Address Systems (3)
Computer Hook-ups
10,000.00
8,090.60
Contingency
5r292.48
$ 41r383.03
Total of Items
$166,600.00
authorize the Acting Director of Finance to
appropriate $166,600.00 from the Capital
Maintenance Equipment and Replacement Program
to Account No. 008~002-9654-9065; and
reject all other b~s received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31565-071293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 ~eneral and Capital Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 113.) .~
Mr. Fitzpatrick mo~ed the adoption of Ordinance No.
31565-071293. The motion was seconded by Mr. Harvey and
adopted by the following.vote:
495
ACTION:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following resolution:
(#31566-071293) A RESOLUTION accepting the bid of
Lee Hartman and Sons, Inc., made to the City for
furnishing and delivering audio-visual equipment for the
Jefferson Center; and rejecting all other bids made to
the City.
(For full text of Resolution, see Resolution Book No. 55,
page 115.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31566-071293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ...... 7.
NAYS: None 0.
BUDGET-CONSULTANTS REPORTS-WATER RESOURCES-PUBLIC
WORKS-UTILITY LINE SERVICES: The City Manager submitted
a written report advising that the City of Roanoke has
conducted system-wide water system leak surveys
periodically since 1931; that the last survey was
conducted in the late 1960's and early 1970's over a four
year period; that the purpose of the surveys is to
identify and locate system leakage and unauthorized water
usage; that system leakage results in significant costs
for water produced and not sold; that unauthorized water
usage, by under registration of commercial and industrial
meters, illegal connections and other means reduces
potential revenue; that a system leak survey can locate
these problems, as well as identify inefficient pumping,
inadequate pressures, water mains corroded by time and
nature, and inadvertently closed valves; and all of the
above factors, when corrected, translate into more water
available for sale, water conserved, and a higher ratio
of water produced to water sold, plus greater pressures
for consumption and fire protection.
It was further advised that engineering services
proposed to be provided include the following:
Provide production estimates for the
three water plants supplying water
to the City's.water system, which
496
are Carvins Cove, Falling Creek and
Crystal Spring. Each site will be
instrumented and monitored to
determine accurate estimates of
water produced at each site.
Acoustic survey of the water system
will be conducted using electronic
listening devices to locate system
leakage. All transmission and
distribution mains in the system
will be surveyed. Approximately 500
miles of main is expected to be
surveyed. Repairs to identified
leaks will be performed by the City
of Roanoke Utility Line Services.
Calibration of large water meters
for up to 20 commercial and
industrial meters will be performed
under this contract. The specific
meter location is to be determined
by the Water Department and Utility
Line Services.
Summary report documenting findings
for each of the project phases noted
above will be prepared for reference
and future use.
It was pointed out:that a Request for Professional
Services, with qualifying proposals, was advertised in
the Roanoke Times & World News, on Sunday, November 22,
1992, for a Water System Leak and Waste Survey, with
O'Brien & Gere Engineers~ Inc., from Syracuse, New York,
and Pttometer Associates, from Chicago, Illinois,
responding; that personal interviews were conducted in
the Office of the City Engineer on January 21, 1993, by
the selection committee; that the interview process,
following presentations of proposals in accordance with
the Request for Professional Services, determined that
Pttometer Associates was the top rated offerer to perform
the work; that City staff attempted to negotiate a scope
of work and agreement for professional services with
Pttometer Associates, however, an agreement could not be
reached due to the firm's failure to provide required
professional liability insurance coverage; and
negotiations with Pitometer Associates were formally
terminated pursuant to communication under date of
March 23, 2993·
497
ACTION:
ACTION:
It was explained that negotiations were then
initiated with O'Brien & Gere Engineers, Inc., which firm
has agreed to perform the work for a fee of $99,823.00
and 270 calendar days for completion; and has also agreed
to conform with City requirements regarding insurance
coverage.
The City Manager recommended that Council award an
engineering services contract, in a form to be approved
by the City Attorney, to O'Brien & Gere Engineers, Inc.,
in the amount of $99,823.00; and appropriate $105,000.00
from Water Fund Retained Earnings to an account to be
entitled "Water System Leak Survey", which funding will
provide for advertising expenses of approximately
$1,000.00 already incurred and the balance of $4,177.00
will be a contract contingency amount.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31567-071293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 116.)
Mrs. Bowles moved the adoption of Ordinance No.
31567-071293. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers .... 7.
NAYS: None 0.
Mrs. Bowles offered the following resolution:
(#31568-071293) A RESOLUTION authorizing the
execution of a contract with O'Brien & Gere Engineers,
Inc., to provide certain engineering services,
specifically a system-wide water system leak survey.
(For full text of Resolution, see Resolution Book No. 55,
page 117.) ~
Mrs. Bowles moved the adoption of Resolution No.
31568-071293. The motion was seconded by Mr McCadden
and adopted by the following vote:
498
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers 7.
NAYS: None 0.
BUDGET-HUMAN DEVELOPMENT-FDETC: The City Manager
submitted a written report advising that the Fifth
District Employment and Training Consortium (FDETC) has
received funding to perform a Joint contract with the
City of Roanoke's Department of Social Services from
June 1, 1993 through May 31, 1994; and planned programs
include assessment for employment, career exploration,
job club, work experience, work supplementation, adult
basic education and General Education Development (GED)
preparation, job skills training, long-term skill
training, and motivational and esteem-building training,
with 844 eligible Roanoke City residents to be served
during the contract year..
It was further advised that the Consortium has
received funding to perform a second Joint contract with
the City of Roanoke's Department of Social Services from
June 1, 1993 to May 31, 1994; that planned programs for
food stamp recipients include job seeking and retention
techniques, as well as motivational and attitudinal
preparation for the world of work; that the Consortium
has received funding to perform a joint contract with the
County of Roanoke's Department of Social Services from
June 1, 1993 through May 31, 1994; that planned programs
include assessment for employment, career exploration,
work experience and Job club; that the City of Roanoke
serves as grant recipient for FDETC funding; and it is
necessary for Council to~appropriate funds for all grants
received by the Consortium and to authorize execution of
requisite contracts. ~
It was explained that the City of Roanoke's
Department of Social Services and the FDETC have
negotiated a financial contract, in the amount of
$227,460.00, for Job Opportunities and Basic Skills
(JOBS) activities for certain clients during the period
June 1, 1993 through May 31, 1994, which planned programs
will include Career Exploration, Job Club, Project Trade,
ABE/GED, Specific Job Skills Training and Work
Experience; that the City of Roanoke's Department of
Social Services and the~Consortium have also negotiated
a financial contract, in the amount of $25,410.00, for
JOBS activities for food stamp recipients during the
period June 1, 1993 through May 31, 1994; and the County
of Roanoke's Department of Social Services and the
Consortium have negotiated a financial contract, in the
499
ACTION:
ACTION=
amount of $17,745.00, for JOBS activities for certain
clients during the period of June 1, 1993 through May 31,
1994, which planned programs will include Career
Exploration, Job Club and Work Experience.
The City Manager recommended that Council
appropriate funds for the Fifth District Employment and
Training Consortium for the abovedescribed three JOBS
contracts, totalling $270,615.00; that the City Manager,
or his designee, be authorized to execute the related
City of Roanoke contracts; and increase the revenue
estimate, in the amount of $270,615.00, in accounts to be
established by the Acting Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31569-071293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 117.)
Mr. Musser moved the adoption of Ordinance No.
31569-071293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers .... 7.
NAYS: None
Mr. Musser offered the following resolution:
(#31570-071293) A RESOLUTION authorizing two
contracts to be entered into between the City of Roanoke
and the Fifth District Employment and Training
Consortium, each contract providing for a purchase by the
City of employment and' training programs targeted to
economically disadvantaged citizens.
(For full text of Resolution, see Resolution Book No. 55,
page 122.)
Mr. Musser moved the adoption of Resolution No.
31570-071293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
500
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers .... 7.
NAYS: None -0.
AIRPORT-BRIDGES-CHURCH AVENUE PARKING GARAGE-
WILLIAMSON ROAD PARKING GARAGE-CONSULTANTS REPORTS-MARKET
SQUARE PARKING GARAGE: 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 65 structures in the City of Roanoke this year; that
41 structures (40 bridges and one tunnel) are inspected
annually, while 25 structures are inspected bi-annually;
that the Federal Highway Administration has established
a new requirement that overhead sign structures must be
inspected on an annual basis, 14 of which exist within
the City; that inspection of three parking structures are
required every four years by prudent engineering
practices; and the airport tunnel under Runway 23 is
required to be inspected annually to insure safety and to
keep deterioration under control.
It was explained that Engineering Services
Qualification Proposals for the necessary technical
inspection and reports,,were publicly advertised and
received from Dewberry & Davis, Hayes, Seay, Mattern &
Mattern, Inc., and Mattern & Craig, Inc.; that
interviews were held with the three qualified firms; that
complexity of bridge inspections led City staff to select
two qualified firms to complete two portions of the work;
and negotiations were conducted with the two most
qualified firms, i.e.; Hayes, Seay, Mattern & Mattern,
Inc., and Mattern & Craig, Inc., for necessary technical
inspections and reports.
The City Manager recommended that Council authorize
the following actions: .~
Award three engineering services reimbursement
contracts, in forms approved by the City
Attorney, to Hayes, Seay, Mattern & Mattern,
Inc., and Mattern & Craig, Inc., in amounts of
$68,624.00 and $39,300.00, respectively, for
the first year 1993. Years 2 (1994) and 3
(1995) shall be negotiated with Hayes, Seay,
Mattern & Mattern, Inc., and Mattern & Craig,
Inc., according to the work scope for that
year.
501
Funding is available for first year contracts
in the fiscal year 1993-94 adopted budget, as
follows:
~ayes, Seay, Mattern & Mattern~ Inc.
14 Overhead Sign Inspections and
33 Bridge Inspections, Account No.
001-052-4310-3072
$67,624.00
One Airport Tunnel Inspection,
Account No. 004-058-4401-7070
1~000.00
Total Contract Amount
$68,624.00
ACTION:
Mattern & Craiqt Inc.
33 Bridge Inspections, Account
No. 001-052-4310-3072
Total Contract Amount
$39,000.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31571-071293) A RESOLUTION authorizing the City
Manager to enter into three-year engineering services
reimbursement with costiceiling contracts with certain
engineering firms, providing for the performance of
certain bridge, tunnel, overhead sign, and parking garage
inspection services.
(For full text of Resolution, see Resolution Book No. 55,
page 123.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31571-071293. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers 7.
NAYS: None = ......... 0.
NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY-GRANTS-
ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager
submitted a written report advising that the City has
funded eight rehabilitation or new construction projects
502
in partnership with .~.the Northwest Neighborhood
Environmental Organization (NNEO) through the Community
Development Block Grant (CDBG) and City General Funds
since 1982; that Northwest Neighborhood Environmental
Organization submitted a proposal for CDBG funds for
rehabilitation of 802 and 807 Gllmer Avenue, N. W., as a
part of the CDB~ budget process in the spring of 1993;
that the CDBG Review Committee recommended using HOME
Investment Partnership Program (HOME) funds for the
project instead of CDBG funds; that the HOME Investment
Partnership Program allocation from the U. S. Department
of Housing and Urban Development (HUD) was approved by
Council on June 22, 1992, pursuant to Resolution 31070-
062292, and funds were appropriated, pursuant to
Ordinance No. 31069-062292; and of the $756,000.00 HOME
funds which were allocated in the 1992 program year, a
minimum of 15 per cent, or $113,400.00, must be given to
a Community Housing Development Organization (CHDO); and
the Northwest Neighborhood Environmental Organization
qualifies as a Community Housing Development
Organization.
It was further advised that total project costs are
estimated to be $144,727.00 for purchase and
rehabilitation of 802 and 807 Gllmer Avenue, N. W., which
houses are currently vacant and will be sold to low or
moderate income home buyers; that the Northwest
Neighborhood Environmental Organization received
confirmation of a grant ~f $12,000.00 from the Allstate
Foundation in order to purchase the two houses; that the
NNEO has a loan commitment from Signet Bank for one half
of rehabilitation costs for the two houses, or
approximately $53,407.Q0; that NNEO has requested
$79,320.00 in HOME funds from the City to provide the
balance of rehabilitation costs, audit, architect and
legal fees, and Community Housing Development
Organization operating expenses to the Northwest
Neighborhood Environmental Organization to provide
administration of the project; and program income of up
to $25,000.00 is expected to return to the City's HOME
fund as a result of the sale of the houses.
The City Manager recommended that he be authorized
to execute a grant agreement with the Northwest
Neighborhood Environmental Organization for
rehabilitation of two vacant houses located at 802 and
807 Gilmer Avenue, N. W~, said agreement to be in a form
approved by the City Attorney.
(For full text, see report on file in the City Clerk's
Office.)
503
ACTION:
Mr. White offered the following resolution:
(#31572-071293) A RESOLUTION authorizing the City
Manager to execute a grant agreement with the Northwest
Neighborhood Environmental Organization (NNEO), to
provide funding for the rehabilitation of two vacant
houses located at 802 Gilmer Avenue, N. W., and 807
Gilmer Avenue, N. W., upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 55,
page 124.)
Mr. White moved the adoption of Resolution No.
31572-071293. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers --7.
NAYS: None
®
POLICE DEPARTMENT-INSURANCE-CITY EMPLOYEES-CITY
GOVERNMENT: The City Manager submitted a written report
advising that insurance pools were created for both law
enforcement and public official liabilities by the
Commonwealth of Virginia, pursuant to Section 2.1-526.8.1
of the Code of Virginia (1950), as amended, due to the
difficulty and expense local governments were having in
the 1980's in procuring insurance for the abovestated
liability exposures; that participation in the pools is
voluntary and must be approved by the local governing
body; that the purpose of the State program is to enable
localities to purchase insurance coverage at an
affordable price for exposures that are governmental in
nature; that insurance coverage for law enforcement
includes coverage for liability exposures that may result
in claims of excessive force, false arrest, or that which
may arise from authorized moonlighting; and insurance for
public officials includes any act or omission arising
from any act performed in a governmental or proprietary
capacity while in the scope of employment or
authorization; i.e., civil rights claims, employment
issues or zoning issues.
It was further advised that local governments are
being sued more frequently both in Virginia and
throughout the United States; that the City is self-
insured for both public officials and law enforcement
liabilities, and the City incurs expenses for both
defense and settlement costs; that cost of future claims
are unknown and could result in significant financial
liabilities for the City; that the City is totally liable
504
for any event which may occur that results in a claim
being made against the City; and expenses related to a
claim include actual settlement or Judgement costs, and
the City Attorney's cost of defense or cost of defense by
special counsel in a small number of instances where
outside counsel is retained.
It was explained that insurance is offered through
the Commonwealth of Virginia's Local Government Risk
Management Plan; that under the State's Plan, the City
retains a self-insurance level (SIR), and if a claim
exceeds the self-insurance level, it is transferred to
the Plan for defense and settlement; that the Plan covers
any claim up to $1 million over the local government's
self-Insured level; that. the Plan's limit of $1 million
per occurrence covers settlement or judgement only and
does not include the cost of defense; and the Plan does
not have a limit on the.number of claims which will be
responded to in a single policy year.
The City Manager recommended that Council authorize
the purchase of insurance through the State of Virginia's
Local Government Risk Management Plan to cover public
official and law enforcement liabilities for the City
during fiscal year 1993-94, advising that insurance
coverage would spread the risk between the City and the
State's Plan since the City's total exposure would be
$25,000.00 for any one claim, and the cost for the $1
million of coverage per claim for public official and law
enforcement is $99,875.00 per year and is available in
the Risk Management budget.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31573-071293) A RESOLUTION authorizing
participation of the City and its officers, agents or
employees in a plan of insurance established bythe State
Department of General Services, Division of Risk
Management, providing protection against liability for
the City and its officers, agents or employees resulting
from acts or omissions of any nature while in an
authorized governmental-or proprietary capacity and in
the course and scope of employment or authorization; and
authorizing the City Manager to execute any documents
required for participation by the City and its officers,
agents and employees in such plan.
(For full text of Resolution, see Resolution Book No. 55,
page 125.)
505
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No.
31573-071293. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers 7.
NAYS: None
BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager
submitted a written report advising that the City of
Roanoke received an allocation of funds from the
Department of Housing and Urban Development, "HOME
Investment Partnership Program", which is intended to be
a "housing block grant" to be used exclusively for
housing for low-moderate income households; and
allocation of HOME funds in fiscal year 1992 was
$756,000.00 and $498,000.00 in fiscal year 1993.
It was further advised that Council authorized
acceptance of the 1992 allocation, in the amount of
$756,000.00, on June 22, 1992; and 1992 HOME Program
Description provides for the allocation to be distributed
as follows:
rehabilitation of owner/
occupied houses " $200,000.00
rehabilitation of rental
properties 260,000.00
assistance to first-time
homebuyers
182,500.00
set aside for Community
Housing Development
Organizations (CHDOS)
Total
113t500.00
$756,000.00
It was pointed out that the 1992 allocation was
never formally allocated into accounts for specific
programs, therefore, all HOME Program activities were
drawn from one single account, Account No. 035-052-5300-
2036; and Program accounts need to be established, with
adjustments to Program allocation as follows:
Owner/Occupied Rehabilitation
$200,000.00
Rental Rehabilitation
204,400.00
506
ACTION:
Assistance to Homebuyers (loan
supplements
162,500.00
set aside for Community Housing
Development Organizations (CHDOS)
113,500.00
administration (City/Roanoke
Redevelopment and Housing Authority
75~600.00
Total $756,000.00
The City Manager recommended that Council authorize
the transfer of 1992 HOME allocation funds, in the amount
of $756,000.00, Into five separate accounts to be
established by the Acting Director of Finance as above
set forth.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31574-071293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 126.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31574-071293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, White,
Bowles, Fitzpatrick and Mayor Bowers 6.
NAYS: None -0.
(Council Member Musser abstained from voting.)
ACTING DIRECTOR OF FINANCE:
BUDGET-SCHOOLS: The Acting Director of Finance
submitted a written report advising that on March 22,
1993, Council concurred tn the recommendation to
establish a new School Fund, effective July 1, 1993, the
purpose of which is~ to account for all school
expenditures in one fund; and school grants have
previously been appropriated and accounted for in the
City's Grant Fund.
5O7
ACTION:
Mr. Grisso transmitted a budget ordinance which will
appropriate and establish revenue estimates for 63 school
grants in the new School Fund, advising that the
ordinance will eliminate appropriations and revenue
estimates in the Grant Fund; that expenditures to date,
revenue realized, and existing encumbrance amounts will
be transferred from the Grant Fund to the School Fund;
and total grants budget to be transferred is as follows:
Appropriations
Revenue Estimate
$12,053,221.00
$12,053,221.00
The Acting Director of Finance recommended that
Council adopt the abovereferenced budget ordinance in
order to transfer the grants to the School Fund.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31575-071293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Grant and School Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 127.)
Mrs. Bowles moved.'the adoption of Ordinance No.
31575-071293. The motion was seconded byMr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers -7.
NAYS: None
At 9:10 p.m., the Mayor declared the meeting in
recess.
At 9:15 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendande.
BUDGET-SCHOOLS-UTILITY LINE SERVICES-MANAGEMENTAND
BUDGET-CITY INFORMATION SYSTEMS-HOTEL ROANOKE CONFERENCE
CENTER-HUMANDEVELOPMENT-CITYNURSING HOME-TRANSPORTATION
FUND-ROANOKE CIVIC CENTER-SEWERS AND STORM DRAINS-WATER
RESOURCES: The Acting Director of Finance submitted a
written report advising that at the close of fiscal year
508
1993, 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 1993, but delivery of certain goods, or performance
of certain 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.
Mr. Grisso advised that approval of his report will
reappropriate $48,369.00 in unspent funds in the Hotel
Roanoke Conference Center Fund, which were unspent as of
June 30, 1993, and are being carried forward to remain
available for expenditure in fiscal year 1994; and
appropriation amounts are as follows:
General Fund
Open Encumbrances
$1t149,574,,,,~00
Water Fund
Open Encumbrances
53,019.00
Sewage Fund
Open Encumbrances
402,167.00
Civic Center Fund
Open Encumbrances
$ 14,155.00
Transportation Fund
Open Encumbrances
1,585.00
206.00
City Nursing Home Fund
Open Encumbrances
Hotel Roanoke Conference
Center Fund
Open Encumbrances and
Carryover Funding
$ _. 49,066.00
City Information Systems
Fund
Open Encumbrances
?
Management Services Fund
Open Encumbrances
43,808.00
6,343.00
Utility Line Services Fund
Open Encumbrances
$ 121,060=00
Fleet Management Fund
Open Encumbrances
$1,..038,735.00
509
ACTION:
ACTION:
School Fund
Open Encumbrances
$1,596,103.00
The Acting Director of Finance recommended that
Council reappropriate the abovereferenced 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. Fitzpatrick offered the following emergency
budget ordinance:
(#31576-071293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 138.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31576-071293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers -7.
NAYS: None 0.
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31577-071293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 147.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31577-071293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, M¢Cadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ...... 7.
NAYS: None
e
Mr. Fitzpatrick offered the following emergency
budget ordinance:
510
ACTION:
ACTION=
ACTION:
(#31578-071293) AN ORDINANCE to amend and reordain
certain sections of '..'the 1992-93 Sewage Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 148.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31578-071293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following emergency
budget ordinance: ~
(#31579-071293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Civic Center Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 150.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31579-071293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None
Mr. Fitzpatrick
budget ordinance:
®
offered the following emergency
(#31580-071293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Transportation Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 151.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31580-071293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
511
ACTION:
ACTION:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers--- 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(%31581-071293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Nursing Home Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 152.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31581-071293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ....... 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(%31582-071293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Hotel Roanoke Conference
Center Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 153.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31582-071293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ....... 7.
NAYS: None 0.
Mr. Fitzpatrick o~fered the following emergency
budget ordinance:
(%31583-071293) AN ORDINANCE to amend and reordain
certain sections of the .1992-93 City Information Systems
Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 154.)
512
ACTION:
ACTION
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
31583-071293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ---7.
NAYS: None 0.
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31584-071293) AN:ORDINANCE to amend and reordain
certain sections of the 1992-93 Management Services Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 155.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31584-071293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ..... 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31585-071293) AN. ORDINANCE to amend and reordain
certain sections of the 1992-93 Utility Line Services
Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 156.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31585-071293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers 7.
NAYS: None --~ 0.
Mr. Fitzpatrick offered the following emergency
budget ordinance: ~
513
,!
ACTION:
ACTION:
(#31586-071293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 Fleet Maintenance Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 157.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31586-071293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ....... 7.
NAYS: None. 0.
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(%31587-071293) AN ORDINANCE to amend and reordain
certain sections of the 1992-93 School Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 158.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31587-071293. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ....... 7.
NAYS: None 0.
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council Member
William White, Sr., Chairperson of a committee appointed
by the Mayor to tabulate bids received for replacement of
the sewer line located in the Peters Creek Sewershed,
presented a written report on behalf of the committee,
recommending that Council take the following actions:
:
Authorize the City Manager to enter into a
contractual agreement with J. P. Turner
Brothers, Inc., in accordance with contract
documents, in the amount of $214,207.75, with
180 consecutive calendar days for completion
of the work.
514
Authorize the Acting Director of Finance to
appropriate the sum of $235,628.00 from the
current Sewer Fund Retained Earnings account
to a new account entitled "Sewer Replacement
Project PC-l", the total amount to be
appropriated to be $214,207.75 for the
contract amount and $21,420.25 for the
contingency.
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:
(#31588-071293) AN,ORDINANCE to amend and reordain
certain sections of the 1992-93 Sewage Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 165.)
ACTION: Mr. White moved the adoption of Ordinance No. 31588-
071293. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatriok and Mayor Bowers- -7.
NAYS: None ~- 0.
Mr. White offered the following emergency ordinance:
(#31589-071293) AN ORDINANCE accepting the bid of
J. P. Turner and Brothers, Incorporated, for the
replacement of the sewer line located in the Peters Creek
Sewershed, referred to as Sewer Replacement Project PC-l,
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 bid~ made to the City for the work;
and providing for an emgrgency.
(For full text of Ordin~nce, see Ordinance Book No. 55,
page 166.) ~.!
:
515
ACTION:
Mr. White moved the adoption of Ordinance No. 31589-
071293. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ............ 7.
NAYS: None. 0.
STATE HIGHWAYS-CITY PROPERTY-WATER RESOURCES-STREETS
AND ALLEYS-TRAFFIC-PURCHASE/SALE OF PROPERTY: Council
Member Elizabeth T. Bowles, Chairperson of the Water
Resources CoMmittee, presented a written report on behalf
of the committee with regard to conveyance by the
Commonwealth of Virginia to the City of all rights-of-
way, including residue parcels associated with the
Franklin Road Widening Project.
A staff report advised that the Franklin Road
Widening Project was constructed in concurrence with the
1995 Roanoke Valley Thoroughfare Plan; that Ordinance No.
29579 adopted by Council on May 22, 1989, approved
location and major design features of the Franklin Road
widening project and r~quested the Virginia Department of
Transportation to acquire and convey all rights-of-way to
the City at the appropriate time; that the Franklin
Road/Elm Avenue Corridor Master Plan was prepared in 1990
at the request of neighborhood, downtown business and
resident interests, and was endorsed by the Roanoke City
Economic Development Commission and the City Planning
Commission, Downtown Roanoke, Incorporated, and Old
Southwest, Incorporated; that the primary goal of the
Master Plan was to create an entryway into downtown that
would be compatible with the Southwest Historic District
and encourage appropriate real estate development; and
control of real estate within highway project boundaries
is necessary to insure implementation of the Master Plan
recommendation.
It was further advised that the Franklin Road
Widening Project was completed in November 1992; that
seven residue parcels, totalling 1.028 acres, with an
appraised value of $355,652.00, remain titled in the name
of the Commonwealth of Virginia; that the Commonwealth of
Virginia has agreed to convey the residue parcels to the
City in addition to all rights-of-way at no cost to the
City; that all monies realized from the sale of the
residue parcels will be revenue to the City; that residue
parcels have been subJec% to environmental testingbythe
Commonwealth and no environmental hazards were
discovered; and the City does not propose to initiate
further tests.
516
ACTION:
The Water Resources Committee recommended that
Council authorize the City Manager to request that all
rights-of-way, including residue parcels associated with
the Franklin Road Widening Project, be conveyed to the
City of Roanoke from the Commonwealth of Virginia.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(#31590-071293) AN ORDINANCE authorizing the City
Manager to request that the Virginia Department of
Transportation (VDOT) convey to the City all rights-of-
way including residue parcels associated with the
Franklin Road Widening Project, upon certain terms and
conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 167.)
Mrs. Bowles mov,~d the adoption of Ordinance No.
31590-071293. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Memugrs McCadden, Musser, White,
Bowles, Fitzpatrick and Mayor 3owers -6.
NAYS: None ......... ,
(Council Member Harvey abstained from voting.)
CITY CODE-SEWERS AND STORM DRAINS-WATER RESOURCES:
Council Member Elizabeth To Bowles, Ci, airperson of the
Water Resources Committee, presented a written report on
behalf of the committee with regard to amendments to
Article III of the Sewe~-.Use Standards.
A staff report advised that Industrial wastewater
discharges are regulated by the City's pretreatment
program In accordance with Federal and State
requirements; that pretreatment programs protect
wastewater treatment facilities from harmful industrial
dtschargoa; that a Consent Order dated August 10, 1992,
was signed by the City Manager and requires certain
pretreatment items to be completed; and Sewer Use
Amendments are required in order to satisfy the Consent
Order.
517
ACTION=
It was explained that requirements as stated in
Appendix "B" of the Consent Order are fulfilled except
for the Sewer Use Amendments; that Article III of the
Sewer Standards has been revised as requested by the
State and Environmental Protection Agency; and the City
Attorney's Office has reviewed the indicated provisions
and found them to be proper.
The Water Resources Committee recommended that
Council repeal existing Article III of the Sewer Use
Standards and enact the revised edition.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(#31591-071293) AN ORDINANCE amending and
reordaining the Code of the City of Roanoke (1979), as
amended, by repealing Article III. Sewer Use Standards,
of Chapter 26, Sewers and Sewaqe Disposal and by enacting
a new Article III. Sewaqe Use Standards, of Chapter 26,
Sewers and Sewaqe Disposal, such new article to provide
standards for the use of the City's sewers and wastewater
treatment facilities and to protect the wastewater
treatment facilities from harmful discharges; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 168.)
Mrs. Bowles moved the adoption of Ordinance No.
31591-071293. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers ....... 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 COUNCIL:
OTHER HEARINGS OF CITIZENS: None,
518
ACTION:
ACTION:
At 9:25 p.m., the Mayor declared the meeting in
recess.
At 9:45 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden 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:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Fitzpatrick and Mayor Bowers .... 7.
NAYS: None. 0.
CELEBRATIONS-COMMITTEES-SPECIAL EVENTS: The Mayor
advised that there is a vacancy on the Special Events
Committee, created by the death of Ted H. Key; that one
year terms of James C. Butler, Linda R. Durham, Greg T.
Feldmann, Samuel A. Garrison, III, Sabrina T. Law, Samuel
G. Oakey, Jr., Gary C. Walker and Allen T. Wilson as
members of the Special Events Committee will expire on
June 30, 1993, and called for nominations to fill the
vacancies.
Mr. McCadden placed in nomination the names of
Donnovan M. Young, James C. Butler, Linda R. Durham,
Greg T. Feldmann, Samuel A. Garrison, III, Sabrina T.
Law, Samuel G. Oakey, Jr., Gary C. Walker and Allen T.
Wilson.
There being no further nominations, Mr. Young was
elected as a member of the Special Events Committee for
a term endJ. ng June 30, 1994; and Ms. Law, Ms. Durham, and
Messrs. Butler, Feldmann, Garrison, Oakey, Walker and
Wilson were reelected as members of the Special Events
Committee for terms ending June 30, 1994, by the
following vote:
FOR MS. LAW, MS. DURHAM, AND MESSRS. YOUNG, BUTLER,
FELDMANN, GARRISON, OAKEY, WALKER AND WILSON: Council
Members Harvey, McCadden, Musser, White, Bowles,
Fitzpatrick and Mayor Bowers --7.
519
COMMItTEES-ROANOKE VALLEY RESOURCE AUTHORITY: The
Mayor advised that there is a vacancy on the Roanoke
Valley Resource Authority, created by the resignation of'
Joel M. Schlanger for a term ending December 31, 1995,
and called for nominations to fill the vacancy.
Mr. Musser placed in nomination the name of John H.
Parrott.
There being no further nominations, Mr. Parrott was
elected as a member of the Roanoke Valley Resource
Authority, to fill the unexpired term of Joel M.
Schlanger, resigned, ending December 31, 1995, by the
following vote:
ACTION:
FOR MR. PARROTT: Council Members Harvey, McCadden,
Musser, White, Bowles, Fitzpatrick and Mayor Bowers .... 7.
COMMITTEES-PENSIONS: The Mayor advised that there
is a vacancy on the Board of Directors, City of Roanoke
Pension Plan, created by the resignation of Thomas L.
Robertson, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of
Robert E. Tonkinson, Jr.
There being no further nominations, Mr. Tonkinson
was elected as a member of the Board of Directors, City
of Roanoke Pension Plan, for a term ending June 30, 1997,
by the following vote:
ACTION:
FOR MR. TONKINSON: Council Members Harvey,
McCadden, Musser, White, Bowles, Fitzpatrick and
Mayor Bowers 7.
There being no further business, the Mayor declared the
meeting adjourned at 9:50 p.m.
APPROVED
City Clerk
Mayor
520
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
July 26, 1993
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 26,
1993, at 2:00 p.m., the regular meeting hour, with Vice-Mayor
Beverly T. Fitzpatrick, Jr., presiding, pursuant to Rule 1, Regular
Meetinqs~ of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended.
PRESENT: Council
Musser, Elizabeth T.
Fitzpatrick, Jr.
Members
Bowles
Delvis O. McCadden, Howard E.
and Vice-Mayor Beverly T.
--4,
ABSENT: Council Members James G. Harvey, II, William White,
Sr., and Mayor David A. Bowers ....... 3.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grisso, Acting 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.
BID OPENINGS
CITY PROPERTY-SEWERS AND STORM DRAINS-WATER
RESOURCES: Pursuant to notice of advertisement for bids
to remove, transport and dispose of digested, lagooned
sludge from the Water Pollution Control Plant, 1402
Bennington Street, S. E., said bids to be received by the
City Clerk until 1:30 p.m., on Monday, July 26, 1993, 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:
521
ACTION:
ACTION:
ACTION:
ACTION:
BIDDER
COST PER DRY TON
Bio-Gro Systems, Inc.
Robinson Pipe Cleaning Co.
$80.75
82.07
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. McCadden and adopted.
The Vice-Mayor appointed William White, Sr.,
Chairperson, Kit B. Kiser and Steven L. Walker as members
of the committee.
CITY PROPERTY-PARKSANDRECREATION-DISABLED PERSONS:
Pursuant to notice of advertisement for bids for
compliance for the disabled at Villa Heights Recreation
Center, said bids to be received by the City Clerk until
1:30 p.m., on Monday, July 26, 1993, 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:
BIDDER
BASE BID TOTAL
Williams Painting and
Remodeling, Inc.
$17,562.00
Construction Services of
Roanoke, Inc.
17,640.00
R.B.S. Building Management
22,130.00
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. McCadden and adopted.
The Vice-Mayor appointed William White, Sr.,
Chairperson, William F. Clark and Lynnis B. Vernon 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
522
ACTION:
ACTION:
the Consent Agenda and considered separately. He called
specific attention to three requests for Executive
Sessions to discuss vacancies on various authorities,
boards, commissions and committees appointed by council;
a matter with regard to probable litigation, being a
claim of the City against a corporation for taxes owed to
the City; and a matter with regard to the location of a
prospective business when no previous announcement has
been made of the business' interest in locating in the
community.
MINUTES: Minutes of the regular meetings of Council
held on Monday, April 5, 1993; Monday, April 12, 1993;
Monday, April 19, 1993; and Monday, April 26, 1993; and
the special meetings held on Monday, April 26, 1993; and
Thursday, April 29, 1993, 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. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick-' . ....... 4.
NAYS: None ....... 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council. meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Musser and adopted by the following vote:
523
ACTION:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick 4.
NAYS: None-
0
(Mayor Bowers and Council Members Harvey and White were
absent.)
BUDGET-LEGISLATION-CITY GOVERNMENT-U.S. CONFERENCE
OF MAYORS: A communication from Mayor David A. Bowers
advising that at the meeting of The United States
Conference of Mayors (USCM) in June, Mayors from across
America resolved to fight the increasing number of
"unfunded mandates" which are imposed upon municipalities
throughout the nation in the form of congressional laws
or administration regulations; and Council has attempted
to bring the issue to the attention of the citizens of
Roanoke for quite some time in regard to the increasing
number of "unfunded mandates" from the General Assembly
of Virginia and the Commonwealth, was before the body.
The Mayor requested that copy of his correspondence
and the resolution from The United States Conference of
Mayors be forwarded to local State Senators and Delegates
and to the Executive Director and President of the
Virginia Municipal League. Also, with regard to water
bills, etc., sent to citizens by the City of Roanoke, he
suggested that the calculated percentage which is charged
as a result of Federal unfunded regulation be listed in
order that citizens will begin to understand how much
they are paying for these mandates.
The Mayor further advised that The United States
Conference of Mayors has requested that all Mayors of
America participate in a "NUMB" Day in September which
stands for National Unfunded Mandate Boycott, advising
that "NUMB" Day is an attempt by The United States
Conference of Mayors to bring this increasing problem to
the attention of Congress and the national media;
therefore, he requested that the City of Roanoke
participate in this effort in September.
(For full text, see communication and resolution on file
in the City Clerk's Office.)
Mrs. Bowles moved that the communication and
resolution be received and filed. The motion was
seconded by Mr. Musser and adopted by the following vote:
524
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick ................................. 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
ANNEXATION/CONSOLIDATION-COUNCIL-CITY GOVERNMENT:
A communication from Mayor David A. Bowers advising that
the City of Roanoke, which was once the fifth largest
city in Virginia with a population of more than 100,000
persons, may, in the decade after the year 2000, slip
below the 90,000 population mark; and in the near future,
he would like to discuss his suggestions with local
citizens and Council as to'how deliberations between City
and County citizens may be renewed, was before the body.
The Mayor further advised that several questions
with regard to the issue of local government
reorganization need to be addressed, and requested that
the City Attorney respond to the following questions by
September 1, 1993.
What legal steps must be taken for
the City of Roanoke to surrender its
Charter, which is admittedly a
drastic move, in order that the City
might revert back to Town status or
as a part of, Roanoke County and
then, as a majz)rity of citizens of
the Count~, insist upon
reorganization of local government
with the County?
(2)
What steps need to be taken in order
to allow the City of Roanoke to once
again annex?
(3)
It was decided at the United States
Conference of Mayors meeting in New
York City in June that the Mayors of
America will organize a "NUMB Day"
which will be held in September of
this year. NUMB stands for National
Unfunded Mandate Boycott and all
Mayors of America are trying to
emphasize to Congress that the time
is over for the Federal Government
to mandate to localities what must
be done %~ithout providing the
necessary funds. The same is true
525
ACTION:
ACTION:
in Virginia, and legal guidance is
needed as to how to deal with the
General Assembly and Virginia's
State Government when unfunded
mandates are handed down from the
State government to localities.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the matter be referred to the
City Attorney for study, report and recommendation to
Council by September 1, 1993. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick-. 4.
NAYS: None
(Mayor Bowers and Council Members Harvey and White were
absent.) -..
REFUSE COLLECTION-PUBLIC WORKS-PARKSANDRECREATION-
BRIDGES-CITY PROPERTY-CITY EMPLOYEES: A report of the
City Manager with regard to clean up efforts as a result
of the June 4, 1993 storm damage, advising that as of
July 11, 1993, 8,629 regular hours and 1,931 overtime
hours were directed to the special pickup, along with a
total collection of 1,383 dump truck loads of limbs and
brush, at a cost in excess of $250,000.00; and the cost
has been absorbed by each participating department with
no special or outside funds, which will undoubtedly have
an impact on departmental operations later in the year,
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. Musser and adopted
by the following vote:
AYES: Council Membsrs McCadden, Muss.r, Bowles and
Vice-Mayor Fitzpatrick- 4.
NAYS: None
(Mayor Bowers and Council Members Harvey and White were
absent.)
526
TRAFFIC-STREETSANDALLEYS-BRIDGES: A report of the
City Manager advising that a briefing on repair work for
Elm Avenue, S. E., over Interstate 581 to be performed by
the Virginia Department of Transportation (VDOT) was
presented to Council on Monday, June 14, 1993; that
Council Member Harvey requested further study and
evaluation of the cost to improve traffic flow,
especially with regard to upgrading the traffic signals
along Elm Avenue; and Council previously expressed a
concern at its meeting on September 28, 1992, that Elm
Avenue congestion needs to be alleviated through better
synchronization of traffic signals or by placement of
police officers to direct motorists during peak traffic
times, was before the body.
It was further advised that a response was made to
Council's concerns in a report dated November 23, 1992,
and the information presented at that time remains
current.
The City Manager pointed out that the ultimate
solution for relief of the traffic congestion at the
ahoy·referenced intersection would be a major
construction project involving a multi-million dollar
investment; and various: alternatives that need to be
considered, either individually or in combination with
one another, include the following:
Widen Elm Avenue to create more
vehicular storage capacity.
®
Construct loop-ramps (partial
cloverleaf interchange) on the east
side of 1-581/U.S. 220, thereby
eliminating the traffic signal at
the Northbound Ramp.
Construct an elevated bypass that
would carry through traffic over the
congestion occurring at the traffic
signals, thereby reducing overall
delay for vehicles turning onto and
off of Elm Avenue.
Reconfigure entire interchange to
create an "urban interchange" with
one traffic signal at the center
rather than the two traffic signals
at each ramp.-
527
ACTION:
It was explained that the Fifth Planning District
Commission, with input from an advisory committee
including representatives from the City and the Virginia
Department of Transportation (VDOT), is in the process of
drafting the City's new Thoroughfare Plan, as reco~nended
in Roanoke Vision (the City's adopted comprehensive
plan); that the Plan is intended to serve as a guide for
future highway improvements, as well as input into VDOT's
update of the Roanoke Valley Area Lonq Ranqe
Transportation Plan; that a high priority recommendation
of the draft City Thoroughfare Plan is the improvement of
the Elm Avenue/I-581 interchange; and subject to City and
State approvals, the project could ultimately be included
in VDOT's Six-Year Highway Improvement Plan, however, at
the present time, the City's projected allocation of
funds in the Plan are committed to other ongoing
projects, such as Peters Creek Road extension, etc.,
through fiscal year 1997-98, therefore, such a project
could not begin to be funded until fiscal year 1998-99.
It was further explained that the City is taking
advantage of VDOT's current repair project as an
opportunity to repair traffic signal vehicle detection
equ~Dment on Elm Avenue Bridge which should result in
some marginal improvement to traffic flow on Elm Avenue
over 1-581.
The City Manager recommended that the City's Traffic
Engineering Division continue to maintain existing
signalization on Elm Avenue; that at an appropriate
future date, Council will most likely be requested to
submit a resolution to the Virginia Department of
Transportation to program a reconstruction project for
Elm Avenue/I-581 interchange, which future date, to a
certain extent, will be determined by the recommendation
of the City Thoroughfare Plan that is expected to be
presented to City Council within the next six months.
(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. Musser and adopted
by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick. 4.
NAYS= None'
(Mayor Bowers and Council Members Harvey and White were
absent. )
528
ACTION:
ACTION:
COUNCIL: A report of the City Attorney requesting
that Council meet in Executive Session to discuss a
matter of probable litigation, being a claim of the City
against a corporation for taxes owed to the City,
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 Attorney to convene in Executive Session to
discuss a matter of probable litigation, being a claim of
the City against a corporation for taxes owed to the
City, pursuant to Section 2.1-344 (A)(7), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick ..................... 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss the
location of a prospective business when no previous
announcement has been made of the business' interest in
locating in the community, pursuant to Section 2.1-344
(A)(5), 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 location of a prospective business when no
previous announcement has been made of the business'
interest in locating in the community, pursuant to
Section 2.1-344 (A)(5), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Musser and
adopted by the following vote:
529
ii
ACTION:
ACTION:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick ........................... 4.
NAYS: None-- 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
COMMITTEES-REFUSE COLLECTION-ROANOKE VALT.EYRESOURCE
AUTHORITY: A report of qualification of John H. Parrott
as a member of the Roanoke Valley Resource Authority, for
a term ending December 31, 1995, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick .... 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
COMMITTEES-LIBRARIES: A report of qualification of
Marc J. Small as a member of the Roanoke Public Library
Board, for a term ending June 30, 1996, was before
Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
'Mrs. Bowles moved that the report of qualification
be received and filed. -The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick ........... 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
530
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HOUSING/AUTHORITY: Debbie Kendall, Chairperson,
Governmental Affairs Subcommittee to the Roanoke Regional
Housing Network, presented an Executive Summary of the
Enterprise Foundation on Affordable Housing in the
Roanoke Valley, advising, that additional capacity is
required to address the need for housing through both
existing and new entities; therefore, the Enterprise
Foundation recommends the following:
The creation of the Roanoke Regional
Development Corp., a region-wide nonprofit
organization designed to undertake new
construction and substantial rehabilitation
projects for rental and homeownership
opportunities. It would use the full range of
available resources, including the locally
under-used Low-Income Housing Tax Credit, HOPE
programs, Virginia State Housing Partnership
and Housing Development Authority funding,
local and national Foundation support, as well
as HOME and Community Development Block Grant
funding. Staff support should initially be
raised locally through fund raising efforts
coordinated by the. Roanoke Regional Housing
Network and the United Way.
The Roanoke Regional Housing Network would
assist the Development Corp. in defining and
articulating housing production goals and
identifying and overcoming obstacles to
affordable housing. It would also build
public support for affordable housing,
advocate for increased housing resources and
advise local governments on allocation of
housing finances. :
TAP Housing Corp. should reorganize and
refocus itself to ~concentrate on housing
development for special needs populations and
the homeless. It should work in partnership
with existing social service organizations --
TAPHC would act as the developer and the
appropriate social service or homeless
assistance agency as the owner.
531
The Roanoke Redevelopment and Housing
Authority should become a regional authority,
as permitted pursuant to Article 36 of
Virginia state law, with governing body
approvals (Salem City Council, Roanoke County
Board of Supervisors and Vlnton Town Council).
It should undertake homeowner and rental
rehabilitation programs, assist nonprofits to
acquire sites through eminent domain powers,
and increase use of bonds to provide capital
for affordable housing goals. Becoming
regional should also increase the number of
Section 8 certificates and vouchers it has and
increase the competitiveness of state
Community Development Block Grant and other
applications for funding. It should also
restructure financing and increase its staff
training to boost productivity.
Northwest Environmental Organization should
seek funding for a staff person to lead them
more aggressively in community planning and
housing development. Foundation and Federal
sources currently used for capital may be
available to support such a staff person.
Other neighborhood groups should provide a
much needed community planning perspective,
without which government and subsidized
housing efforts usually fall. Groups should
also assist in finding suitable sites for
affordable housing and help to reduce "Not In
My Backyard" (NIMBY) responses to affordable
housing proposals.
The three government entities should join
together to create a HOME Consortium, which
would enable them to increase the amount of
Federal funds in the region for affordable
housing efforts.
The City Housing Department should report
directly to the ~City Manager, so as to
increase its ability to act as expeditor for
City approvals for affordable housing
proposals, move financing more rapidly and
efficiently and oversee the implementation of
zoning and building code changes to assist
affordable housing. The Department should
also increase code enforcement personnel.
532
ACTION:
Roanoke County and Salem Planning Departments
should investigate, density bonuses for
affordable housing, assist governing bodies in
evaluating this Assessment's proposal to
regionally empower the Roanoke Redevelopment
and Housing Authority (RRHA) and create a HOME
Consortium, and devise specific locally
supported housing programs. Roanoke County
should also adopt the BOCA Code for existing
properties (Volume II) which would increase
the ability to inspect and enforce housing
codes.
The Roanoke Community Development Corp. should
create other products for providing equity for
affordable housing, including using the Low-
Income Housing Ta~ Credit. Area lending
institutions should expand on existing efforts
to create financial products for affordable
housing by matching existing products with
City financing and more aggressive marketing.
The Enterprise Foundation could offer
technical assistance and training to
nonprofits to increase their capacity.
Enterprise could also provide models of
successful bank, CDd and government efforts to
address affordable housing and assist these
players in increasing their involvement.
(For full text, see Executive Summary on file in the City
Clerk's Office.)
Mr. Musser moved z.that the recommendations be
referred to the City Manager for study, report and
recommendation to Council. The motion was seconded by
Mrs. Bowles and adopted.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-LIBRARIES: The City Manager submitted
a written report advising that Federal aid through an
LSCA Title I Grant, in the amount of $6,885.00, has
been approved for the Roanoke City Public Library by
533
III
the Virginia State Library and Archives for fiscal year
1993-94; that the Roanoke City Public Library is a
subregional library for visually and physically disabled
residents of the Fifth Planning District; and Virginia
currently has nine subregional libraries.
It was further advised that the library is committed
to increasing the accessibility of library resources and
the quality of service to the disabled and other special
populations of the Roanoke Valley through its Outreach
Services Unit; and Library Administration recommends that
the Subregional Grant, in the amount of $6,885.00, be
used for the following purposes:
establish a Subregional Library User Group,
develop a subregional survey of needs and
services,
continue the hours of an existing part-time
Library Assistant to maintain collection and
files,
continue staff training,
maintain existing equipment, and
increase public relations activities.
The City Manager recommended that Council accept a
Library Services and Construction Act Title I Subregional
Library for the Blind Grant, in the amount of $6,885.00;
and appropriate funds to the following accounts to be
established in the Grant Fund:
$500.00 to Training and Development, Account
No. 035-054-5040-2044
$137.00 to Administrative Supplies, Account
No. 035-054-5040-2030
$3,902.00 to Temporary Employee Wages, Account
No. 035-054-5040-1004
$296.00 to FICA, Account No. 035-054-5040-1120
$350.00 to Maintenance - Equipment, Account
No. 035-054-5040-2048
$1,400.00 to Maintenance Contracts, Account
No. 035-054-5040-2005
534
ACTION:
ACTION:
$300.00 to Telephone, Account No. 035-054-
5040-2020 ~
The City Manager further recommended establishment
of a revenue estimate, in the amount of $6,885.00, and
that the City Manager, or his designee, be authorized to
execute the necessary documents accepting the grant on
behalf of the Roanoke Public Library.
(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:
(#31592) AN ORDINANCE to amend and reordain certain
sections of the 1993-94 Grant Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 221.)
The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick ......... 4.
NAYS: None. 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
Mrs. Bowles offered the following resolution:
(#31593-072693) A RESOLUTION accepting a Library
Services and Construction Act (LSCA) Title I Grant for
the Roanoke City Public Library.
(For full text of Resolution, see Resolution Book No. 55,
page 211.)
Mrs. Bowles moved the adoption of Resolution No.
31593-072693. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick ....... 4.
NAYS: None. -0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
535
ACTION:
BUDGET-GRANTS-ROANOKE SYMPHONY ORCHESTRA-ARTS
COUNCIL OF ROANOKE VALLEY-MILL MOUNTAIN THEATRE: 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, 50 per cent State and 50 per cent local; and
application for the 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 from the
Commission for the Arts was received by the City that a
grant, in the amount of $2,230.00, is available, which
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 of $2,230.00 will be distributed to the
Arts Council of Roanoke Valley ($744.00), Roanoke
Symphony Orchestra ($743.00), and Mill Mountain Theatre
($743.00).
The City Manager recommended that Council accept the
Local Government Challenge Grant, in the amount of
$2,230.00, from the Virginia Commission for the Arts;
that $2,230.00 be appropriated to accounts to be
established by the Acting Director of Finance in the
Grant Fund; and that the City Manager, or his designee,
be authorized 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 moved that the following budget ordinance
be placed upon its first reading:
(#31594) AN ORDINANCE to amend and reordain certain
sections of the 1993-94 Grant Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 55,
page 222.)
The motion was seconded by Mrs. Bowles and adopted
by the following vote:
536
ACTION:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick ........ 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
Mr. Musser offered the following resolution:
(#31595-072693) A RESOLUTION authorizing the
acceptance of a grant from the Virginia Commission for
the Arts.
(For full text of Resolution, see Resolution Book No. 55,
page 212.)
Mr. Musser moved the adoption of Resolution No.
31595-072693. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick-- 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
HEALTH DEPARTMENT-BUDGET-HUMAN DEVELOPMENT-YOUTH-
MENTAL HEALTH SERVICES-BLUE RIDGE COMMUNITY'SERVICES-
SCHOOLS-J & D RELATIONS DISTRICT COURT: The City Manager
submitted a written report advising that prior to the
Comprehensive Services Act, effective July 1, 1993, the
Department of Social Services and the Roanoke City School
Board were responsible for arranging for placement and
treatment of children in need of services, as well as for
the payment of those services; that on July 1, 1993,
funds for foster care and special education were combined
into a common fund under the management of the Fiscal
Agent, the City's Finance Director; that on July 1, 1993,
State funds for placement of youth from the Juvenile &
Domestic Relations Court were placed in the State funds
pool for the Comprehensive Services Act and distributed
based on an approved formula to all State localities that
meet guidelines approved by the General Assembly; and
pursuant to Section 2.1-752(a) of the Code of Virginia
(1950), as amended, the Roanoke Interagency Council (RIC)
has authority to enter into contracts for the provision
of services, upon approval of Council.
537
ACTION:
It was further advised that the Department of Social
Services and the Special Education Department of the City
Schools, effective July 1, 1993, required approval from
Council in order to sign agreements with providers to
acquire services for children in need of treatment and
supervision; that up to 1,000 transactions for Boarding
Home Agreements or Treatment Center Contracts will be
required in the 12-month period from July 1, 1993 through
June 30, 1994; that the majority of said transactions
must be executed in an emergency, which is usually before
the work day ends; and delegation of authority to sign
the contracts should be given to persons in direct
contact with the need.
The City Manager recommended that Council provide
the Roanoke Interagency Council with authority to
designate the RIC Chairperson, or the RIC representative
from the Department of Social Services, or the RIC
representative from the Roanoke City Schools, to approve
all contracts and agreements required for the delivery of
services to eligible children.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31596-072693) A RESOLUTION authorizing the
Roanoke Interagency Council to enter into certain
contracts for the placement and treatment of children in
need of certain services without further Council
approval.
(For full text of Resolution, see Resolution Book No. 55,
page 212.)
Mrs. Bowles moved the adoption of Resolution No.
31596-072693. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick--- 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
BUDGET-HUMAN DEVELOPMENT-TOTAL ACTION AGAINST
POVERTY-GRANTS-TRUST-ROANOKE AREA MINISTRIES: The City
Manager submitted a written report advising that the City
Manager's Task Force on Homelessness studied the homeless
538
and low-income housing situation in Roanoke and presented
their 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; and the Task Force continues to meet on
a regular basis.
It was further advised that Council accepted
Emergency Shelter Grants Program entitlement funds
totalling $175,000.00 in 1987, 1988, 1989, 1990, 1991 and
1992 allocated under the Stewart B. McKinne¥ Homeless
Assistance Act from the United States Department of
Housing and Urban Development to provide services to the
homeless; and Council accepted 1993 .Emergency Shelter
Grants Program entitlement funds of $28,000.00 on
March 25, 1993, pursuant to Resolution No. 31381-032293.
The City Manager pointed out that funds allocated
under the Homeless Assistance Act must be used for the
payment of maintenance, operations, insurance, utilities,
furnishings, with limited funds for essential services
including employment, health substance abuse education
and food, and past uses have included renovation and
major rehabilitation; and the City invited applications
or proposals from local agencies to assure that all
interested organizations had an opportunity to submit
funding requests.
The City Manager recommended that Council allocate
Emergency Shelter Resource Funds, in the amount of
$28,000.00, as follows:
$8,204.00 to Roanoke Area Ministries
$7,504.00 to Roanoke Valley Trouble Center,
Inc. (TRUST)
$12,292.00 to Total Action Against Poverty
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31597-072693) 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 the execution of the
539
ACTION:
subgrant agreements with Roanoke Area Ministries, Roanoke
Valley Trouble Center, Inc. (TRUST), and Total Action
Against Poverty to administer the funds.
(For full text of Resolution, see Resolution Book No. 55,
page 213.)
Mr. Musser moved the adoption of Resolution No.
31597-072693. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick--- 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
HUMAN DEVELOPMENT-HOUSING/AUTHORITY-TOTAL ACTION
AGAINST POVERTY-GRANTS: The City Manager submitted a
written report advising that the Emergency Home Repair
Program (EHRP), established in 1988, makes funds
available for emergency repairs and improvements for
handicapped accessibility to rental units occupied by
low-income tenants; that each housing unit may receive a
maximum of $2,500.00 in Community Development Block Grant
(CDBG) funds from the City, with a dollar for dollar
match by the property owner; that the Program has been
administered by the City in conjunction with Total Action
Against Poverty since 1989; that $30,000.00 in CDBG funds
were allocated to the Program in fiscal year 1993-94;
and $117.00 in CDBG funds carried over from fiscal year
1992-93 are also available for program use.
It was further advised that execution of a contract
with Total Action Against Poverty (TAP) for
administration of the Program is necessary; and according
to the terms of the contract, TAP will be responsible for
the following:
assess tenant's income eligibility for the
Program,
perform the repair work necessary to avoid
condemnation of the unit,
perform Weatherization
appropriate, and
Program when
540
receive a $300.00 administration fee for each
repair grant, which will come from the
existing allocation of funds to the Program,
and additional administrative funds are not
required. ..
The City Manager recommended that he be authorized
to execute an agreement, to be approved as to form by the
City Attorney, with Total Action Against Poverty for
cooperative administration of the Emergency Home Repair
Program.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31598-072693) A RESOLUTION 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, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 55,
page 214.)
ACTION:
Mrs. Bowles moved the adoption of Resolution No.
31598-072693. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick---r 4.
NAYS: None .[ 0.
(Mayor Bowers and Councii Members Harvey and White were
absent.)
HUMAN DEVELOPMENT-TOTAL ACTION AGAINST POVERTY-
FDETC-SCHOOLS: The City Manager submitted a written
report advising that Council authorized acceptance of a
grant award, in the amount of $150,228.00, from the U.S.
Department of Agriculture for the Summer Food Service
Food Program on June 14, 1993, pursuant to Resolution No.
31524-061493; and $12,330.00 was allocated in the 1993-94
budget to the Director of Human Development to support
staffing and administration of the Program.
It was further advised that the Summer Food Service
Program began operating on June 21, 1993, serving
approximately 1,675 meals daily at 13 sites; that Total
Action Against Poverty (TAP) negotiated a responsive bid
541
ACTION:
for the provision of food services for the 1993 Summer
Food Service Program; that pursuant to an "Invitation for
Bid" process which was developed and implemented, 18
certified food vendor organizations were provided with an
Invitation to Bid, and TAP was the only organization to
submit a bid to prepare and deliver daily meals under the
program to designated sites in the City, for the price of
$1.849 per breakfast served and $1.991 per lunch served.
The City Manager recommended that Council accept the
bid submitted by Total Action Against Poverty; and that
the City Manager, or his designee, be authorized to
execute the vendor contract agreement between the City
and Total Action Against Poverty for the Summer Food
Service Program.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31599-072693) A RESOLUTION 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.
(For full text of Resolution, see Resolution Book No. 55,
page 215.)
Mrs. Bowles moved the adoption of Resolution No.
31599-072693. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick ..... .4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
YOUTH-GRANTS: The' City Manager having previously
submitted a written report recommending acceptance of a
Virginia Delinquency Prevention and Youth Development Act
grant, in the amount of $37,919.00, from the Virginia
Department of Youth and Family Services, the City Manager
requested that the report be withdrawn.
542
BUDGET-FIRE DEPARTMENT-GRANTS-EQUIPMENT: The City
Manager submitted a written report advising that the Fire
Program Fund was established by the General Assembly,
effective October 4, 1985, pursuant to Section 38.1-44.1
of the Code of Virginia (1950), as amended; that a sunset
clause requiring expiration of the Fund on July 1, 1990,
was removed, thus, the City's annual allotment of State
funds will continue indefinitely; that revenue to support
the Program is derived from a 0.8 per cent surcharge on
all fire insurance premiums collected throughout the
Commonwealth; that Program guidelines require that funds
received are to be 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 must be used for the following purposes:
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/apparatus - funds may
be used to purchase fire apparatus,
specialized response vehicles, fire hose,
forcible entry tools, ladders, and radio
equipment.
It was explained the City's allotment of funds, in
the amount of $93,592.17, was transferred to the City
Treasurer on June 30, 1993, and deposited in Account No.
035-035-1234-7139; that action by Council is necessary in
order to formally accept and appropriate said funds; and
that the Acting Director of Finance be authorized to
establish revenue estimates and appropriation accounts in
the Grants Program Fund to purchase equipment and
supplies in accordance with provisions of the Program, as
follows:
$73,592.17 - to purchase approved
suppression protective equipment;
fire
$8,300.00 - to purchase training films, books
and manuals to be used in the department's
training program ~nd to provide training,
education and development for personnel;
543
ACTION:
ACTION:
$3,000.00 - to purchase first aid kits for
stations and vehicles, and safety program sun
visors; and
$8,700.00 - to start a Cadet Training Academy
for the new recruitment program.
The City Manager recommended that he be authorized
to accept said grant award and appropriate $93,592.17,
with a corresponding revenue estimate, to certain
accounts to be established by tl%e Acting Director of
Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser moved that the following budget ordinance
be placed upon its first reading:
(#31600) AN ORDINANCE to amend and reordain certain
sections of the 1993-94 Grant Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 55,
page 223.)
The motion was seconded by Mr. McCadden and adopted
by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick- 4.
NAYS: None- 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
Mr. Musser offered the following resolution:
(%31601-072693) A RESOLUTION accepting a certain
Fire Program Fund Grant offer made to the City by the
Department of Fire Programs of the Commonwealth of
Virginia and authorizing execution of any required
documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 55,
page 216.)
Mr. Musser moved the adoption of Ordinance No.
31601-072693. The motion was seconded by Mr. McCadden
and adopted by the following vote:
544
ACTION:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick ....... 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
BUDGET-ROANOKE CIVIC CENTER-HOCKEY-EQUIPMENT-
PROCUREMENT CODE: The City Manager submitted a written
report with regard to the purchase of safety related
equipment for the Civic Center Hockey Program, advising
that professional hockey will return to the Roanoke
Civic Center Coliseum for regular season games during the
1993-94 hockey season; and present hockey equipment is 22
years old and is in need of refurbishment of the dasher
boards and replacement of all protective shields,
vertical supports, goals and floor covering.
It was further advised that rules pertaining to the
height of protective shields above the dasher boards have
changed since the City served as a host facility; that
the East Coast Hockey League now requires protective
shields to be five feet fn height on the sides and eight
feet in height on the ends; that current vertical
supports will not support protective shields with heights
of five feet and eight feet; that new protective shields
and vertical supports must match existing dasher boards;
that these items are available from Strut Specialties,
Inc., located in Roseville, Minnesota; that items
requested to provide necessary support to the Civic
Center Program have been determined to be practicably
available from only one source; and this exception to
competitive bidding is allowed pursuant to Section 23.1-
6(a) of the Code of the City of Roanoke (1979), as
amended.
The City Manager recommended that he be authorized
to purchase protective shields and vertical supports from
Strut Specialties, Inc.,%to match existing dasher boards;
and that $35,000.00 be %appropriated from Civic Center
Retained Earnings to Account No. 005-056-8600-9015 for
the purchase of the abovestated items.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden moved that the following budget
ordinance be placed upon its first reading:
545
11
ACTION:
(#31602) AN ORDINANCE to amend and reordain certain
sections of the 1993-94 Civic Center Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 55,
page 224.)
The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick ..... 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
Mr. McCadden offered the following resolution:
(#31603-072693) A RESOLUTION authorizing the
purchase of hockey equipment for the Roanoke Civic
Center, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 55,
page 217.)
Mr. McCadden moved the adoption of Resolution No.
31603-072693. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick- 4.
NAYS: None -0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
COMMUNICATIONS DEPARTMENT-AT&T-SCHOOLS-EQUIPMENT:
The City Manager submitted a written report advising that
currently the City leases all telephone equipment (desk
phones, intercom units, etc.) used by the City and
schools from AT&T for $312,000.00 per year, which costs
essentially represent an expensive insurance policy to
cover maintenance; and modernization of telephones
currently occurs in the schools and operating departments
only as funding is available in the operating budgets.
It was further advised that all telephone problems
are reported to the Communications Department which
schedules repairs with AT&T; that the City has advised
AT&T of its desire to terminate leasing arrangements by
546
ACTION=
purchasing equipment; that competitive wholesale prices
from third-party vendors were provided to AT&T which were
lower than prices quoted by AT&T; that AT&T agreed to a
buy out price which reflects wholesale prices for
telephones and reduced prices for unique AT&T ancillary
equipment; that the total buy out cost of $199,000.00 can
be accommodated within this year's operating budget due
to the elimination of equipment lease costs averaging
$26,000.00 per month; that the buy out price includes
three months of maintenance provided by AT&T; that
continued leasing does not free up investment dollars to
update the City's communications systems; and school
telephones are in particular need of updating.
The City Manager recommended that Council approve
the expenditure of a portion of funds currently budgeted
for telephone equipment and services in order to buy out
all in-place City and Schools telephone equipment for
$199,000.00.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31604-072693) A RESOLUTION providing for the
purchase of telephone equipment for use by the City, upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 55,
page 217.)
Mrs. Bowles moved the adoption of Resolution No.
31604-072693. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick ............ 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
PURCHASE/SALE OFt PROPERTY-EASEMENTS-DONATIONS/
CONTRIBUTIONS-CITY PROPERTY: The City Manager submitted
a written report in connection with environmental audits
of property acquisition, advising that property
acquisition includes any property interest; i.e., fee
simple, easements, rights-of-way, leasehold interests,
etc.; that environmental site assessments are typically
completed in three phases after a preliminary evaluation;
547
and the use of an environmental site assessment prior to
purchase and routine site inspections can be used as
evidence that the purchaser conducted an appropriate
inquiry regarding the site, and therefore, satisfies the
"innocent landowners" defense.
It was further advised that Phase I environmental
site assessments are currently recommended for all land
acquisitions by the City (see City Attorney's memorandum
under date of March 12, .1991); that the Roanoke River
Flood Reduction Project is an example of a project
currently on hold subject to negotiations on acceptable
levels of hazardous materials; that future projects such
as sanitary sewers, water lines, storm drains and jail
expansion could be aduersel¥ affected like the Roanoke
River project; and a land acquisition policy will help
ensure that all reasonable efforts are made to make
decisions as expeditiously as possible.
The City Manager explained that few areas, if any,
in the City have been exempt from human activity or the
effects of human activity; that it would be helpful for
the City to designate a qualified person to weigh future
additional risk to the City for property interest
acquisition under a policy adopted by Council which
balances the need to protect the City from undue risk and
liabilities without preventing projects and facilities
needed for the health and welfare of citizens and the
orderly development of the City.
The City Manager recommended that Council adopt a
land acquisition policy that requires some form of
environmental site assessment evaluation for all property
interest purchases; and all properties shall be walked by
the Director of Utilities and Operations, or his
designee, to deter~ine to the extent field conditions
Justify an environmental site assessment.
(For full text, see report on file in the City Clerk's
Office.) -
Mrs. Bowles offered the following resolution:
(#31605-072693) A RESOLUTION approving an
Environmental Policy Relating to the Acquisition of Real
Property recommended by the City Manager's report of
July 26, 1993, to this Council.
(For full text of Resolution, see Resolution Book No. 55,
page 218.)
548
ACTION:
Mrs. Bowles moved the adoption of Resolution No.
31605-072693. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick ................. 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
CITY CODE-SIDEWALK/CURB AND GUTTER-STATE HIGHWAYS-
UTILITIES-STREETS AND ALLEYS: The City Manager submitted
a written report advising that street opening permits
currently acquired from! the Office of the Building
Commissioner and inspected by Construction Inspectors
from the Engineering Department are required of any
individual, company, public utility, or other
agency, other than City forces, working in the public
right-of-way; that Chapter 30 of the Code of the City of
Roanoke (1979), as amended, specifies requirements,
procedures, fees, bonding, etc, with regard to street
opening permits; and all current requirements in the City
Code (Sections 30 - 60 through 65) were established,
pursuant to Ordinance Nos. 23033-062376 and 26153-072682.
It was further advised that Section 30-62 of the
Code provides as follows~ "An inspection fee or charge,
in such amount as is prescribed by City Council, shall be
charged and collected for each permit issued under this
division"; that inspection fees are currently $36.00 per
permit; and public utility companies upgrading and/or
relocating facilities as a result of City and Virginia
Department of Transportation (VDOT) projects such as
Second Street/Gainsboro Road, Wells Avenue, etc., cannot,
under the requirements of City Code Section 30-62, have
the street opening permit fee(s) waived by action of City
staff, which is currently the responsibility of the
Building Commissioner, but subject to change.
It was pointed out that when the City or VDOT enters
into a project requiring utility companies to move their
facilities, it may forc~ the utilities to move a large
number of power poles,.gas lines, etc., that would not
normally be moved at the time, or for many years in the
future; that such moves;~when the facilities are located
in public right-of-way, are at the expense of the public
utility company, which can amount to a large cost; that
it is unfair for the City to also require street opening
fees in such instances; that a large, long street project
could result in a great number of permits and attendant
549
II
ACTION:
fees being required; and enforcement of street opening
permit requirements by City staff is currently in the
process of being enhanced and there is a need for
flexibility in dealing with utility companies.
The City Manager recommended that Council approve an
amendment to Section 30-62, ~ees, of the Code of the City
of Roanoke (1979), as amended, exempting public utility
companies and their agents working in connection with
City or Virginia Department of Transportation projects
from street opening permit fees.
(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:
(#31606) AN ORDINANCE amending and reordaining the
Code of the City of Roanoke (1979), as amended, by
amending Section 30-62, Fee~., of Division 2, Permit, of
Article III, Street Excavations, of Chapter 30, Streets
and Sidewalks, Code of the City of Roanoke (1979), as
amended, to provide an exemption from the permit fee for
public utility companies and their contractors for work
conducted in connection with a City or Virginia
Department of Transportation sponsored project.
(For full text of Ordinance, see Ordinance Book No. 55,
page 225.)
The motion was seconded by Mr. McCadden and adopted
by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick ....... 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
BUDGET-TRAFFIC-SIDEWALK/CURB AND GUTTER-STATE
HIGHWAYS-BRIDGES-PLANNING-NORFOLK SOUTHERN CORPORATION-
SIGNALS AND ALARMS-STREETS AND ALLEYS: The City Manager
submitted a written report advising that Council, at its
meeting on April 28, 1986, unanimously adopted Resolution
No. 28109 which requested that the Virginia Department of
Transportation (VDOT) program a project for the
replacement of the Fifth Street Bridge over the Norfolk
Southern Railroad; that VDOT subsequently included the
550
bridge replacement project in its Six-Year Highway
Improvement Program, as well as the widening of Fifth
Street, south to Salem Avenue, S. W., and north to Gilmer
Avenue, N. W., in order that the roadway could adequately
serve traffic approaching the bridge; that the proposed
design of the project consists of four 12-foot lanes
which will provide for two lanes of travel in each
direction, with new curb, gutter and sidewalk on both
sides of the project; and Council, at its meeting on
September 17, 1990, approved the location and major
design features of the proposed project, pursuant to
Resolution No. 30232-091790, and the Commonwealth
Transportation Board approved the location and major
design features of the proposed project subsequent to
approval by Council.
It was further advised that bids for project
construction were received by YDOT on May 26, 1993; that
the Commonwealth Transportation Board awarded a contract
to Lanford Brothers Company on June 17, 1993, in the
amount of $2,802,304.60; that an agreement associated
with said project, as well as the Second Street/Gainsboro
Road project, between the City, YDOT and Norfolk Southern
Railway will involve the relocation of Norfolk Southern's
overhead signal, communication, and motive power
facilities from overhead to underground in railroad
right-of-way from Fifth Street to First Street; that the
cost will be divided evenly between the two projects,
with the City expected to pay its two per cent share;
that authorization by the City Manager is needed for the
City to assume full maintenance responsibility for the
new bridge; that currently the City shares a maintenance
responsibility for the existing bridge with Norfolk and
Western Railway Company on a 50/50 basis; that traffic
will need to use alternate routes such as First Street
Bridge, Second Street, S. W., and Tenth Street Bridge
during the Fifth Street Bridge Project; and a City-State
Agreement must be executed before VDOT will permit
Lanford Brothers Company to begin construction.
It was explained that the City's share of the cost
of the project (preliminary engineering at five percent,
right-of-way at two per cent, and construction at two
percent) is $198,873.91~ that as of May 31, 1993, the
City had already paid $29,014.17 toward the total for
preliminary engineering and right-of-way costs, which
leaves a balance of $16~,859.74 for the City's share of
the remaining estimated costs; that included in the
project is the placing of a new 12-inch water line across
the bridge to replace an existing eight-inch line on the
old bridge and a six-inch line under the walks; that the
551
ACTION=
betterment portion of improvements will be a City
expense; and an additional $15,000.00 is needed for
separate purchase of new traffic signal control equipment
which will meet specialized City standards at the Fifth
Street/Shenandoah Avenue and Fifth Street/ Salem Avenue
intersections.
The City Manager recommended that Council take the
following actions:
Authorize the City Manager, in a form to be
approved by the City Attorney, to execute the
City-State Agreement on behalf of the City.
Authorize the City Manager to execute, on
behalf of the City of Roanoke, all railroad
agreements for said project, which includes
assuming full maintenance responsibility for
the new bridge, thereby relieving Norfolk and
Western Railway Company of its present
maintenance responsibility.
Authorize the Acting Director of Finance to
transfer $45,325.80 from the Streets and
Bridges Category of the 1992 Bond Series-A
into the Fifth Street Bridge Replacement,
Account No. 008-052-9599-9003.
Transfer $92,601.94 from the Water Fund,
Account No. 002-056-2178-9026, to an account
to be established by the Acting Director of
Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following budget
ordinance be placed upon its first reading:
(#31607) AN ORDINANCE to amend and reordain certain
sections of the 1993-94 Capital and Water Funds
Appropriations.
(For full text of Ordingnce, see Ordinance Book No. 55,
page 226.) ~
The motion was seconded by Mr. Musser and adopted by
the following vote:
552
ACTION=
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
Mrs. Bowles offered the following resolution:
(#31608-072693) A RESOLUTION approving an agreement
between the City and the Virginia Department of
Transportation for the replacement of the Fifth Street
Bridge; providing for the. allocation of the City's share
of the project cost; authorizing execution of said
agreement on behalf of the City; and authorizing
execution of an agreement with the Norfolk and Western
Railway Company whereby the City assumes full maintenance
responsibility for said bridge.
(For full text of Resolution, see Resolution Book No. 55,
page 219.)
Mrs. Bowles moved the adoption of Resolution No.
31608-072693. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick- 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
CITY PROPERTY-APPALACHIAN POWER COMPANY-FLEET
MAINTENANCE FUND-EQUIPMENT: The City Manager submitted
a written report with regard to a lease for public safety
storage with Appalachian Power Company, advising that
lease of the storage space has been in effect for several
years; that a change in the parties to the lease has
taken place and has necessitated its re-negotiation; and
the previous lease term ended on November 15, 1992, and
negotiations with regard to a new lease and related
conditions have proceeded since that date.
It was further advised that a new lease with an
initial one year term from November 15, 1992 through
November 14, 1993, to be'automatically extended on a
year-to-year basis, with provision for termination by
either party upon 30 days written notice, and $6,000.00
553
tl
ACTION:
per year, has been presented by Appalachian Power
Company, the lessor to the City; and the City, the
lessee, is obligated under the terms of the lease to hold
the lessor, and its associated or affiliated corporation,
harmless from any and all liability for loss or damage to
the property of the lessee and any other property stored
on Appalachian Power Company property by the City, or,
any injury or loss of life incurred by them or any other
person or persons using the property under the terms of
the lease.
The City Manager recommended that Council authorize
the appropriate City official to execute a one year lease
of property described as Official Tax No. 4030302 from
Appalachian Power Company, with provision for extension
of the lease term on a year-to-year basis, including the
right to cancel said lease by either party upon 30 days
written notice, for an annual lease fee of $6,000,00,
payable in advance, said lease to be prepared by the
lessor, in a form to be approved by the City Attorney.
(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:
(#31609) AN ORDINANCE authorizing the City Manager
to enter into a lease agreement with respect to certain
property owned by Appalachian Power Company in the City
of Roanoke, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 55,
page 227.)
The motion was seconded by Mrs. Bowles and adopted
by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick--. 4.
NAYS: None. O.
(Mayor Bowers and Council Members Harvey and White were
absent.)
BUDGET-INDUSTRIES-CONSULTANTS REPORTS-WATER
RESOURCES: The City Manager submitted a written report
advising that the City provides public water service to
the Roanoke Centre for Industry and Technology (RCIT);
that customers are connected to a water distribution
system which is supported by an existing water tank
554
located in Statesman Industrial Park that is supplied by
water from Carvins Cove and Falling Creek water plants;
and due to the location and elevation of the tank under
certain operating conditions, water supply to fringe
areas in the Industrial Centre is marginal.
It was further advised that in order to provide
improved water service to the Roanoke Centre for Industry
and Technology, the City has retained the services of
Mattern & Craig, Inc., to analyze the current water
distribution system and~ make recommendations for the
location, size and related appurtenances for a new water
storage tank to be located in the vicinity of the
Industrial Centre; that ;services of Mattern & Craig,
Inc., are being provided-to the City under the terms of
an Agreement for Pro[essional Services dated December 13,
1991, which provided for engineering design and services
for roadways and utilities located in the addition to the
Roanoke Centre for Industry and Technology; and the
Agreement covers services up to a maximum contract value
of $200,000.00, with the current contract value at
$158,820.00.
It was explained that engineering services to be
provided included:
Computer model the existing water system
between the Statesman Industrial Park pump
station and the Roanoke Centre for Industry
and Technology. ~'
Evaluate water tank alternatives to provide
enhanced water flow and pressure in RCIT.
Provide foundation recommendations for the
proposed water tank site.
Prepare a written report detailing
alternatives examined and proposed action.
The report is to be in sufficient detail to
gain regulatory approval from the Virginia
Department of Health.
Provide operationa~ analysis of the existing
water distribution system if needed and
authorized.
The City Manager advised that Mattern & Craig, Inc.,
will perform the abovereferenced work for a fee not to
exceed $25,677.00, and approval of the contract amendment
will increase the current contract value to $184,497.00
and not modify the contract limit of $200,000.00.
555
11
ACTION:
The City Manager recommended that Council take the
following actions:
Approve an amendment to the existing
professional services agreement with Mattern &
Craig, Inc., in the amount of $25,677.00.
Transfer $25,677.00 from Water Fund, Plant
Expansion Bonds 92, Account No. 002-056-8366-
9189, to an account to be established in the
Water Fund for the design and construction of
a new water storage tank.
transfer $25,677.00 from Roanoke Centre for
Industry and Technology Engineering, Account
No. 008-052-9680-9004, to the Capital
Improvement Reserve Account for Economic
Development, Account No. 008-052-9575-9178.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser moved that the following budget ordinance
be placed upon its first reading:
(#31610) AN ORDINANCE to amend and reordain certain
sections of the 1993-94 Capital and Water Funds
Appropriations. '
(For full text of Ordinance, see Ordinance Book No. 55,
page 228.)
The motion was seconded by Mr. McCadden and adopted
by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
ViCe-Mayor Fitzpatrick-- 4.
NAYS: None- 0.
(Mayor Bowers and Council Members Harvey and White were
absent.) ~
Mr. Musser offered,the following resolution:
556
ACTION=
(#31611-072693) A RESOLUTION approving the City
Manager's issuance of an amendment to the City's
agreement with Mattern & Craig, Inc., to provide certain
engineering services, in connection with the Roanoke
Centre for Industry and Technology.
(For full text of Resolution, see Resolution Book No. 55,
page 220.)
Mr. Musser moved the adoption of Resolution No.
31611-072693. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick ...... 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.) ~
WATER RESOURCES: The City Manager submitted a
written report with regard to Change Order No. 3 to the
contract with Crowder Construction Company for Carvins
Cove Filter Plant Improvements - Phase I, in the amount
of $319,679.78.
It was further advised that six bids were opened
before a Council appointed bid committee on October 16,
1992, with Crowder Construction Company of Charlotte,
North Carolina, submitting the low bid, in the amount of
$12,682,280.00 and 730 consecutive calendar days to
complete the work; that acceptance of the bid was
approved by Council on :November 16, 1992; that at the
time of advertising of project, Mattern & Craig, Inc.,
submitted contract documents to Roanoke and Botetourt
Counties for review and approval relating to zoning,
erosion and sediment control, stormwater management,
building permits and fire marshal approval; that several
informational meetings were held with both localities
during the time of preparation of contract documents;
that Roanoke County completed its plan review the first
week in January 1993; that several minor changes were
required along with the major revision of increasing the
sediment basin to comply with the newly issued Virginia
Erosion and Sediment Control Manual, which was Change
Order No. 1 approved by Council on Monday, February 22,
1993, in the amount of $212,519.35 and an additional 30
consecutive calendar days to complete the work; that
total contract amount was then $12,894,799.35 with 760
557
ACTION=
consecutive calendar days to complete the work; and
Change Order No. 2, in the amount of $1,961.30, was an
administratively approved change order for certain
required electrical changes, with no additional time of
construction.
It was explained that Mattern & Craig, Inc., has
completed revisions to contract documents to permit
introduction of chemical treatment of raw water at the
intake chamber on the face of the dam; and the changes
were issued to Crowder Construction Company for pricing
and the cost of $319,679.78 and 45 additional consecutive
calendar days to complete the work was discussed and
negotiated with the contractor.
The City Manager recommended that he be authorized
to issue Change Order No. 3 to the contract with Crowder
Construction Company, in the amount of $319,679.78 and 45
additional consecutive calendar days to complete the
work, for a total contract amount of $13,216,440.63 and
805 consecutive calendar days.
(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:
(#31612) AN ORDINANCE approving the City Manager's
issuance of Change Order No. 3 to the City's contract
with Crowder Construction Company, to implement changes
necessary to permit relocation of the chemical feed
point, in connection with Carvins Cove Filter Plant
Improvements - Phase I.
(For full text of Ordinance, see Ordinance Book No. 54,
page 229.)
The motion was seconded byMr. Musser and adopted by
the following vote:
AYES: Council Me~ers McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick- - ...... 4.
NAYS: None 0.
(Mayor Bowers and Counckl Members Harvey and White were
absent.) ~
558
ACTION:
PURCHASE/SALE OF PROPERTY-EASEMENTS-APP~J~ACHIAN
POWER COMPANY-NORFOLK SOUTHERN CORPORATION-UTILITIES-
ROANOKE GAS COMPANY-WATER RESOURCES: The City Manager
submitted a written report with regard to Carvins Cove
Filter Plant, Phase I and II waterline land acquisition,
advising that Council previously authorized acquisition
of 47 easements and one fee simple parcel for
construction of the Carvins Cove Waterline Improvement
Project.
It was further advised that negotiations for land
rights, land transactions, and final plan modifications
resulted in certain revisions in parcels of land listed
in the February S, 1993 Council report which was approved
by Council, therefore, City staff has updated the
previous list for Council's consideration; that plats and
title work have noted several Norfolk Southern rights-of-
way, Appalachian Power Company easements, and Roanoke Gas
Company easements to be crossed by the waterline, which
require the City to execute agreements that necessitate
Council's authorization to accept liability for damage to
their facilities; and funds were previously appropriated
the property interest acquisitions and are available in
Carvins Cove Plant Expansion Property Acquisition,
Account No. 002-056-8365r9001.
The City Manager recommended that Council approve
acquisition of a revisedllist of easements and parcels as
more fully set forth in Attachment I to the report and
that the City Manager be authorized to execute required
permits with Norfolk Southern Corporation, Appalachian
Power Company and Roanoke Gas 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:
(#31613) AN ORDINAnCE providing for the acquisition
of real estate needed by the City for the construction
of the Carvins Cove Filter Plant Improvements, Phase I
and II; authorizing the City Manager to enter into
permits and agreements needed by the City for the Carvins
Cove Filter Plant Improvements, Phase I and II;
authorizing the City Manager to fix a certain limit on
the consideration to be offered by the City; providing
for the City's acquisition of such real estate by
condemnation, under certain circumstances; authorizing
559
'i
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.
(For full text of Ordinance, see Ordinance Book No. 54,
page 230.)
The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick ....... 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
ACTING DIRECTOR OF FINANCE:
BUDGET-DIRECTOR OF FINANCE-AUDITS/FINANCIALREPORTS:
The Acting Director of Finance submitted a written report
with regard to the financial condition of the City of
Roanoke for fiscal year 1993, advising that the City's
revenue estimate from all sources within the General Fund
for fiscal year 1993 was $160,112,616.00, while the
City's actual collections were $162,395,986.00, for a
positive variance of $2,283,370.00, or 1.4 per cent above
the revenue estimate, but only a 4.76 per cent increase
over the actual revenue received in the previous fiscal
year.
It was further advised that pursuant to provisions
established by Ordinance No. 26292 adopted on December 6,
1982, establishing a reserve for the Capital Maintenance
and Equipment Replacement Program (CMERP), the amount
designated for fiscal year 1993 is $2,561,827.00 which
equals 1.5 per cent of General Fund appropriations
totaling $167,310,337.00 for fiscal year 1993; and the
following allocation has been calculated based on the
revenue allocation model used for the fiscal year 1992-93
budget:
Designated 1993 CMERP -
City Administration
School Administration
$1,530,915.00
lt030~912.00
Total
$2,561,827.00
560
ACTION:
ACTION:
The Acting Director of Finance explained that the
above allocation will leave no undesignated funds at year
end.
Mr. Grisso advised that the figures contained in the
report are unaudited and subject to change; that the
figures are released for planning purposes only and
audited figures will be available in late September at
which time they will be reported to Council in order to
take whatever actions are deemed necessary in the best
interest of the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser moved that the report be received and
filed. The motion was seconded by Mr. McCadden and
adopted.
REPORTS OF COMMITTEES:
BUDGET-CONSULTANTS REPORTS-WATER RESOURCES: Council
Member William White, Sr., Chairperson of a conunittee
appointed by the Mayor. to tabulate bids received for
construction of the new Falling Creek Finished Water
Reservoir located in Bedford County, presented a written
report on behalf of the committee, recommending that
Council award a lump sum contract to Hammond-Mitchell,
Inc., in the amount of 9230,000.00, and 150 consecutive
calendar days to complete the work; that the City Manager
be authorized to enter into a contractual agreement, in
a form to be approved by the City Attorney; and that the
Acting Director of Finance be authorized to transfer
$230,000.00 contract amount with a contingency of
$23,000.00, for a total appropriation of $253,000.00,
from Water Plant Expansion Bonds 92, Account No. 002-056-
8366-9189, to Falling Creek Finished Water Reservoir,
Account No. 002-056-8369-9065; 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. )
Mrs. Bowles moved that the following
ordinance be placed upon its first reading:
budget
561
ACTION=
(#31614) AN ORDINANCE to amend and reordain certain
sections of the 1993-94 Water Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 55,
page 232.)
The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick--- 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31615) AN ORDINANCE accepting the bid of Hammond-
Mitchell, Inc., for construction of the Falling Creek
Finished Water Reservoir, 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. 54,
page 233.)
The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick--~ 4.
NAYS: None- 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
STREETS ANDALLEYS: Ordinance No. 31563 permanently
vacating, discontinuing and closing a 265.15 foot section
of Burks Street, S. W., formerly known as Reed Street,
having previously been before the Council for its first
reading on Monday, July 12, 1993, read and adopted on its
562
ACTION=
ACTION=
first reading and laid over, was again before the body,
Mr. Musser offering the following for its second reading
and final adoption:
(#31563-072693) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 208.)
Mr. Musser moved the adoption of Ordinance No.
31563-072693. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick ................................. 4.
NAYS: None 0.
(Mayor Bowers and Council Members Harvey and White were
absent.)
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 Vice-Mayor declared the meeting in
recess.
At 4=25 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 Bowers and Council Members Harvey and White.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden 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
opgn 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:
563
II
ACTION:
ACTION=
AYES: Council Members McCadden, Musser, Bowles and
Vice-Mayor Fitzpatrick 4.
NAYS: None
(Mayor Bowers and Council Members Harvey and White were
absent.)
COMMITTEES-TOTAL ACTION AGAINST POVERTY: The Vice-
Mayor advised that the two year term of Elizabeth T.
Bowles as the City's representative to the Board of
Directors of Total Action Against Poverty will expire on
August 31, 1992, and called for nominations to fill the
vacancy.
Mr. Musser placed in nomination
Elizabeth T. Bowles.
the name of
There being no further nominations, Mrs. Bowles was
reelected as the City's representative to the Board of
Directors of Total Action Against Poverty, for a term of
two years, ending August 31, 1995, by the following vote:
FOR MRS. BOWLES: Council Members McCadden, Musser,
Bowles and Vice-Mayor Fitzpatrick-- 4.
(Mayor Bowers and Council Members Harvey and White were
absent.)
COMMITTEES-SPECIAL EVENTS: The Vice-Mayor advised
that there are three vacancies on the Special Events
Committee, created by the resignations of Virginia C.
Nave and C. Nelson Harris, and expiration of the term of
Lin D. Chaff, and called for nominations to fill the
vacancies.
Mr. Musser placed in nomination the names of
Peter D. Lampman, Estelle H. McCadden and Catherine Fox.
There being no further nominations, Ms. McCadden,
Ms. Fox and Mr. Lampman were elected as members of the
Special Events Committee, for terms ending June 30, 1994,
by the following vote:
FOR MS. MCCADDEN,
Council Members McCadden,
Mayor Fitzpatrick--
MS. FOX AND MR. LAMPMAN:
Musser, Bowles and Vice-
4.
(Mayor Bowers and Council Members Harvey and White were
absent.)
564
ACTION:
Inasmuch as Mr. Lampman is not a resident of the
City of Roanoke, Mr. Musser moved that the City residency
requirement for persons serving on authorities, boards,
commissions and committees appointed by Council be waived
in this specific instance. The motion was seconded by
Mrs. Bowles and adopted.
There being no further bus.[ness, the Vice-Mayor declared the
meeting adjourned at 4:30.
A P P ~ O V E D
ATTEST:
City Clerk
Vice-Mayor
565
ii
ROANOKE CITY COUNCIL
ROANOKE CITY SCHOOL BOARD
AUGUST 9, 1993
6:00 P.M.
A special joint session of the Roanoke City Council and the
Roanoke City School Board was called to order on Monday, August 9,
1993, at 6:00 p.m., in the Roanoke City Council's Conference Room,
fourth floor of the Municipal Building, 215 Church Avenue, S. W.,
with Mayor David A. Bowers and Chairperson Charles W. Day
presiding.
CITY COUNCIL MEMBERS PRESENT: Elizabeth T. Bowles, James G.
Harvey, II, Howard E. Musser, William White, Sr., and Mayor David
A. Bowers --5.
CITY COUNCIL MEMBERS ABSENT:
Delvis O. McCadden--
Beverly T. Fitzpatrick, Jr., and
SCHOOL BOARD MEMBERS PRESENT: C. Nelson Harris, Finn D.
Plncus, James M. Turner, Jr., and Chairperson Charles W. Day---4.
SCHOOL BOARD MEMBERS ABSENT:
O'Neil, and Clubert G. Poff
Marilyn C. Curtis, M. Wendy
OTHERS PRESENT: Wilburn C. Dibling, Jr., City Attorney; Jesse
A. Hall, Director of City Accounting Services; Sandra H. Eakin,
Deputy City Clerk; E. Wayne Harris, Superintendent of Schools;
Richard L. Kelley, Executive for Business Affairs and Clerk of the
School Board; and June S. Nolley, Secretary to the Superintendent
and Deputy Clerk of the School Board.
The meeting was opened with a prayer by Mayor David A. Bowers.
Mayor Bowers advised that Mr. McCadden was unable to
attend the meeting due to another commitment, and that
Mr. Fitzpatrick was unable to attend due to the
hospitalization of his daughter.
Mayor Bowers stated that during his first year as
Mayor he had a very nice relationship with Mr. Plncus in
his capacity as Chairperson of the School Board, and that
one of the goals they set was to have continued valuable
meetings and a good relationship develop between the
Roanoke City Council and the School Board. He expressed
appreciation to Mr. Pincus for his service as School
Board Chairperson for the past two years, and offered
congratulations to Mr. Day on his election as School
Board Chairperson, and to Mr. Harris as the new School
Superintendent.
566
COMMENTS BY THE CHAIRMAN AND SCHOOL BOARD MEMBERS:
Chairman Day expressed appreciation to Mayor Bowers
and the Members of Council for the opportunity to hold a
Joint meeting between the Council and the School Board.
He offered congratulations to Council for a very
successful year, and stated that he is looking forward to
his tenure as School Board Chairman.
The Chairperson stated that today's school and
community leaders are faced with many challenges, some
very new and some unthought of years ago. He referred to
recent literature received about the legislative body of
MiGhigan, which Just did away with the school's funding
proposal and reduced the school budget by over 65 percent
because they abolished the property tax. He further
referred to the State of Kentucky where investigations of
the School Board Members have been conducted without
their knowledge and school districts have been turned
over to the hands of independent committees. He stated
that although the City has been faced with a lot of
challenges, so far we have not had to face any of these
experiences in the City of Roanoke.
Chairman Day referred to the success of the
Ruffner/Fleming Magnet School program, and commented that
the School Board and administration are very grateful to
have the program and are looking forward to having a very
productive year. He also referred to a regional
Alternative Education Program that is Just about to be
finalized with the City of Salem, and stated that
approximately $1.2 million was available for an
alternative education program; that Roanoke and Salem
received a Joint grant for one-fourth of the total
amount; and he believes this shows a good step toward
regional cooperation.
The Chairperson provided advance copies to the Mayor
and Members of Council of the School Board's School
Division Priorities for ~993-94, and explained that the
list includes the following priorities:
Develop a vision 'of what the Roanoke City
Schools should be in the 21st century.
Develop a plan that will identify and
implement strategies which will improve the
learning environment.
Design and implement a systemwide
instructional program review to help establish
higher standards and expectations for
learning.
567
Develop a plan that will assure more effective
and efficient use of school and community
resources in support of a holistic approach to
the educational needs of all students.
Continue to define, refine, develop and
implement site-based management in schools and
offices.
Develop appropriate strategies to communicate
the need for and help ensure adequate
systemwide funding.
Chairman Day advised that the list of priorities was
scheduled to be approved by the School Board at its
meeting on August 10, 1993.
Chairman Day explained that three of the School
Board Members, Marllyn C. Curtis, M. Wendy O'Neil, and
Clubert G. Poff were unable to be present for the meeting
inasmuch as they were out of the City.
Mr. Turner stated that past meetings between the
School Board and City Council have been productive; that
one of the things he has pushed for all along has been
better communications between the Council and the School
Board, as well as between the City and School
administrations; and he feels much progress has been made
in the area of a partnership/team approach. He referred
to the list of School Board priorities and stated that he
believes the School Board and school staff did a
commendable Job in establishing the priorities.
Mr. Pincus reiterated the remarks of Messrs. Day and
Turner. He expressed appreciation for the opportunity to
meet with the Mayor and Members of City Council, and for
the Mayor's kind remarks regarding his service as School
Board Chairman. He advised that the school
administration is working hard to get ready for the new
school year and that the Virginia Heights School will
reopen this year after being renovated. He stated that
the Council and the School Board are all working for the
same goals.
Reverend Harris expressed appreciation for the
opportunity to meet with the Mayor and Members of
Council, and stated that he looks forward to working with
Council, and that he is excited about the hiring of Wayne
Harris as the new Superintendent. With regard to the
School Board's list of priorities, Reverend Harris
advised that the process included 1,400' citizens who
participated in developing the priorities; that school
568
administrators went into areas of the City and spoke to
all segments of the community to get their input, ideas,
and suggestions, as well as their priorities about where
our schools should be headed, and subsequently, the
School Board worked up the list of priorities. He stated
that he is very pleased with the process and expressed
appreciation to the . School Superintendent for
spearheading the process~~
Reverend Harris advised that he has requested the
Superintendent to look at involving our students,
parents, teachers and other members of the community in
looking at the broad area of student behavior; that one
of the things he believes the school system would benefit
from would be if these folks in the co~unity take a
periodic review of our student disciplinary policies and
procedures; that another area he would like to see
examined is how the broader Roanoke comalunity can
contribute to enhancing the school environment, because
sometimes some of the issues and problems that are in the
school system are reflected in the community and vice-
versa; and the third area was to address the issue of
sexual harassment between and among students. He
referred to a recent news article about national studies
that came out which talked about female students in
particular being sexually harassed and the situations
they endured; and that one of the things he has asked Mr.
Harris to look into is a policy stating that this type of
behavior will not be tolerated and stating there will be
punishment for it.
Chairman Day discussed the issue of safety within
the schools and controlling crime in the schools. He
stated that this requires a program that will be a guide
to an effort by the school district to attempt to
prevent, as well as to.limit, the effects of criminal
acts in the schools; that effective school security
practices began in recognizing that many of the old
foundations for knitting a school community together had
shifted or eroded, and a'new earnest effort must be made
to rebuild or reinforce the school community of students,
educators, administrators and parents so that all can
once again feel more comfortable together; and that the
effective school security program must also be prepared
to grapple with more social issues such as early maturity
and greater mobility of students.
The Chairperson stated that he is a firm believer
that discipline has been made too complicated, and he
thinks schools should go back to the old "common sense"
days; that ninety-nine,percent of students, teachers,
administrators and parents know what good discipline is,
569
,!
and all that is necessary is to set forth the directions
instead of continuing to study it; that he thinks we have
a good example this year to prove to this area that our
intelligent young people are well disciplined, our
teachers are very talented and we can have discipline in
our schools second to none; and that he believes we need
to tell the people what is expected from them and that
nothing less will be accepted.
COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
Council Member Bowles expressed her appreciation for
the opportunity to meet with the School Board again and
advised that she wholeheartedly concurred with the
remarks Messrs. Day and Harris with regard to the issue
of school discipline.
Mrs. Bowles stated that she believes the lack of
discipline is one of the glaring problems we have in our
school system; that the teachers are frustrated because
they do not have the full support from the administration
so they can actually discipline a child where it is
needed; and that she is glad to see the school
administrators' efforts in the area of discipline in the
schools.
Mr. Musser expressed appreciation for the
opportunity to meet with the School Board and commended
the School Board members for their selection of Mr.
Harris as the new school superintendent. He referred to
the subject of mandates and stated that he feels people
might be able to accomplish more if they did not have to
spend so much time answering questions and questionnaires
about things that are mandated, and if they were able to
concentrate more on teaching; and that he hopes the
localities are able at some point to alleviate some of
the mandates and get a sense of what is happening with
the mandates, not only in education but in City
government as well. He stated that he feels very good
about the direction that education is taking in the City
of Roanoke, and he thinks the administration and School
Board are going to be very successful and commended them
for their efforts.
Mr. Harvey stated that he feels very good about the
school system now; that he felt previously there was a
little too much politics in the school system before Mr.
Harris came aboard, and he would like to see less
politics involved; and that he is excited about the
hiring of Mr. Harris as school superintendent. He
offered congratulations..to the School Board for their
selection of Mr. Harris.
57O
With regard to the ~ssue of discipline in the City
schools, Mr. Harvey stated'that he would like for this to
be carried one step further. He expressed the opinion
that if a child is in a hostile environment at home,
where not much guidance is given and not much care is
given, then naturally, this child is going to come to the
schools being rebellious and is going to have these modes
of behavior instilled in him, and the school teachers and
administration have to deal with it. He stated that he
wishes there was a way for the school system to get more
involvement from parents, even so far as a way to force
parents to come to school with their child, to talk to
the teacher, and be instructed or counseled in a way to
try to help the situation at home. He advised that he
realizes this would add another burden to the schools,
but that schools are the only hope for some of these
children; that some way, either through the court system
or through the discipline action of the school, it would
be helpful if parents could be compelled and required to
show up at school; and that he believes parents need to
be involved in this some way or it ls not going to work,
and he hopes the School Board and administration can take
a look at this and see what they can come up with.
Mr. White expressed appreciation and congratulations
to Mr. Pincus for his service as former Chairperson of
the School Board. He stated that he was pleased to have
the opportunity to meet with the School Board members and
fellow Council Members,. and that he appreciated the
relaxed atmosphere between Council and the School Board.
He referred to his previous experience as a member of the
School Board and stated that he was glad to see improved
communications and that Council and the School Board are
beginning to send and receive messages, which will be an
asset that will carry the Council and School Board
through some difficult times. He noted that no one had
mentioned the issue of funding and stated that he
appreciated the School Board not pressuring Council about
funding, because he feels that Council tries to be fair
and equitable with the school system during the budget
process.
Mr. White stated that he believes the City Manager
should be involved in this process and requested that he
review the tape recording of the meeting to listen to the
dialogue between Council and the School Board, because he
feels this is a key ingredient in keeping the
relationship with the school administration going.
571
With regard to discipline problems t~ the schools,
Mr. White stated that a lot of the discipline problems
come from a lack of respect from students to teachers;
that and he believes there is a need to work with
teachers more and urge the teachers to demand respect and
present themselves in a position or posture where
students will look up to them and respect them; and that
teachers should ask the school administrators for support
and help when necessary, and that the school
administration should provide assistance to them. He
further advised that he likes the idea of Joint
alternative education and hopes we can begin to work with
that and do more in this area. He pledged his personal
support to help the school system and to help all the
students and young people in any way possible. He stated
that schools are very important and commended the efforts
of the School Board and school administration.
Mayor Bowers reminded the members of Council of the
convocation which is scheduled for 9:00 a.m. on Monday,
August 30, at the Roanoke Civic Center.
Mayor Bowers referred to additional funding of
approximately $148,000.00 that was granted to the schools
during the budget adoption this year, which he
understands accelerated their pupil/student ratio
reduction target by one year, and stated that this is the
kind of partnership the City likes to have. He stated
that he believes the Council and the School Board have
achieved something when it is felt there is a sense of
trust between the two bodies when working together for
the schools and the school children.
The Mayor further stated that he is very pleased to
hear the comments and discussion about student behavior
and discipline in our schools, and that he believes the
message should go out that bad behavior will not be
tolerated in the schools. He made reference to the
fences around our public schools, and stated that the
common thinking was that we had to have fences to protect
our students and to have safe schools, and that we used
to have fences only to protect children from running out
into the traffic, but now we are using fences for other
reasons, and he wondered what is next and what kind of a
democracy we are going to have. The Mayor referred to a
comment that was made to him recently to get rid of the
fences, and stated that it is time to "tear down the
fences" and let the students know this behavior is not to
be tolerated and will not be accepted. He reiterated
earlier comments about being impressed with the City's
572
school personnel and stated that he believes this is the
sense of Council as wel~ as the School Board, and he
wants to make sure the Council and the Board stand behind
them and back them up.
The Mayor welcomed Mr. Harris to the City and stated
that he believes Mr. Harris has made a uery strong and
positive impression on everyone.
COMMENTS BY THE SUPERINTENDENT OF SCHOOLS:
Mr. Harris expressed appreciation to the Mayor and
Members of Council and the members of the School Board
for their remarks. He explained that as he prepared for
the school superintendent's Job, he did much research in
finding out what the Roanoke City Schools were about, as
well as research about li¥ing in this community, and from
the beginning what he heard about Roanoke City made him
set aside thirteen other invitations to apply for
superintendent's positions and only apply for this
position; and that he saw~a sense of unity and purpose on
behalf of the School Board as well as the teachers and
employees of the school system, the business community,
the City Council and the citizens. He stated that there
is a strong and admirable work ethic among the employees
of Roanoke City Public Schools that he has become
acquainted with; that he is proud that 65 percent of City
students who graduated last year went on to some form of
higher education; that he has some concern about what
happened to the other 35 percent, but that the City
should take pride in the 65 percent of our graduating
seniors from which there were some 90 scholarships
totalling over $1.5 million that those students received
from such institutions as Duke University, University of
Virginia, Cornell University, The College of William and
Mary, Howard University~and Harvard University, and he
believes this should b~ publicized. He stated with
regard to the other 35 percent that one of the goals of
Roanoke City Schools is that every youngster who finishes
one of our two high schools will leave with the necessary
reading, writing and computer skills, with the skills to
be able to access and analyze information, as well as to
learn how to get along with others, and to leave school
ready to make the transition into the work world or the
ability to go on to college. He said that his efforts
have been to try to build strong relationships, and he
commended the members of Council and the School Board for
coming together for th~ meeting. He stated that the
only way to build a stronger school system is for the key
players, meaning the Council and the School Board, to
work together, and he feels that the unity of purpose is
there.
573
With regard to issues related to discipline and
safety, Mr. Harris stated that it is the goal of the
school administration that the safest place in the City
will be the schools; that the chain around the schools
will be a ring of safety composed of students who
understand standards and expectations, and that work has
been done to clarify what is meant by standards and
expectations, and thus far, the work has involved
administration and staff taking a look at this City's and
six other school districts', and trying to glean from all
seven districts the best language to describe what it is
we expect and what standards we hold for our youngsters;
and that we must demonstrate that our children are our
most prized resources, and the Job we do is defined by
their presence in the schools.
Mr. Harris referred to the six priorities compiled
by the School Board on July 7, and advised that Priority
No. 2 relates to developing a plan that will identify and
implement strategies which will improve the learning
environment, and involves discipline, safety and other
related issues; and that Priority No. 3 relates to
designing and implementing a systemwide instructional
program review to help establish higher standards and
expectations for learning, and involves a need to examine
the value and performance of all of the school
instruction programs.
Mr. Harris stated that during the process of
developing baseline standards, he believes we have to
measure ourselves against standards; that they will be
dealing with school profiles and instructional surveys in
this process, as well as a process for instructional
review; that one of the priorities has to do with site-
based management, and they will be developing policy
statements in support of the concept of site-based
management, and will be developing a needs assessment to
determine the current status of each school and office
related to site-based management, and will also be
offering in-service opportunities for members of the
school staff to participate in site-based management in
order to understand what it is when they see it.
Mr. Harris referred to the schools' vision towards
the 21st century, and distributed copies of the following
documents to the Mayor and Members of Council:
"Questions and Answers about Virginia's World Class
Education and the Common Core of Learning"
574
"WHY Virginia's World Class Education Initiative?
Quality Education for ALL Children"
"Outcomes-Based Education: An Overview"
He explained that these publications are provided by
the State Department of Education and have provided
additional information for the school administration with
regard to initiatives, long-range planning, and outcomes-
based education.
With regard to the new William Fleming/William
Ruffner Magnet Center, Mr. Harris explained that he
believes this facility will put Roanoke City on the
cutting edge of technology and the youngsters who go to
school here will have an opportunity of a lifetime. He
explained that one of the ways he believes we will be
able to meet the needs of youngsters is to cut out the
duplicate efforts of various agencies and to start to
collaborate, and some of the collaborative efforts he
sees in existence include the Comprehensive Services Act,
with the health initiative being another example of
combined resources that allows us to use resources
effectively and efficiently.
Mr. Harris stated that in going through the 1993-94
school year, he challenged each of the School Board and
City Council members to work on building relationships
for a stronger sense of unity; that children are our
first priority and the decisions that we make together
toward a vision will help us provide an umbrella of
quality services and resources for all of our children
and will give us the clear direction to help prepare our
children to meet the demands of our ever changing
society; and it is together that we can make our vision
come into clear focus and move our children into the 21st
century. He pledged his complete support to bring the
City Council and School Board the best he has to offer on
behalf of the children of Roanoke City.
Chairman Day extended an open invitation to the
Mayor and Members of Council to meet with the School
Board at any time. He stated that the School Board plans
to implement the programs discussed, and requested that
the Mayor and Members of Council not hesitate to give the
School Board its comments and suggestions with regard to
the programs.
575
The Mayor requested that the City Clerk and the
Deputy Clerk of the School Board arrange another Joint
meeting of the Council and the School Board prior to the
Christmas holiday, possibly to be held at William Fleming
High School.
There being no further business, the Mayor and the Chairperson
declared the Joint meeting adjourned at 7:05 p.m.
APPROVED
ATTEST:
Deputy City C1
Mayor
576
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
August 9, 1993
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, August 9,
1993, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetinqst. 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., Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr. (arrived at
9:15 p.m.), James G. Harvey, II, Delvis O. McCadden and Mayor
David A. Bowers ............... 7.
ABSENT: None 0.
OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City
Manager; Wilburn C. Dibling, Jr., City Attorney; Jesse A. Hall,
Administrator of City Accounting Services; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend F. David
Wright, Pastor, Ghent Grace Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
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 9, 1993, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
Fellowship Baptist Church that an unused alley extending
in a northerly direction from Murray Avenue, S. E., for
a distance of approximately 167.74 feet to an alley
running generally east to west between 9th and llth
Streets, S. E., Block 34, Map of Buena Vista Land
Company, be permanently vacated, discontinued and closed,
the matter was before the body.
577
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
July 23, 1993, and Friday, July 30, 1993.
(See publisher's affidavit on file In the City Clerk's
Office.)
A report of the City Planning Commission advising
that the section of the alley requested for closure is
undeveloped; that Official Tax No. 4122023 has been used
as a parking lot by Fellowship Baptist Church for a
number of years; and the church building and main parking
lot are located across the street at 929 Murray Avenue,
which is Insufficient to accommodate the parking needs of
the church, was before Council.
The Planning Commission recommended that Council
approve the request, subject to the following conditions:
The applicant shall submit to the City for
review and approval, and recordation tn the
Office of the Roanoke Circuit Court, a
subdivision plat, said plat to provide for the
following:
disposition of the land within the
right-of way to be vacated, in a
manner consistent with the
requirement of Chapter 31,
Subdivisions, of the Code of the
City of Roanoke, 1979, as amended;
and
retention of appropriate easements,
together with the right of public
passage over same, for the purpose
of construction, repair and general
maintenance of any and all utilities
that may exist within the right-of-
way.
The applicant, prior to the City's approval of
the above-cited subdivision plat, shall either
provide verification that the City sanitary
sewer line has sufficient cover and depth to
withstand live road pressures to be generated
within the proposed parking area or provide
sufficient alternative measures to ensure the
future stability of the sewer line, any and
all of which shall be provided in a manner
acceptable to the Agent to the Planning
Commission.
578
ACTION -'
If a plat of subdivision is not approued by
the City and recorded by the applicant within
a period of 12 months from the date of
adoption of the ordinance providing for the
closure of the subject right-of-way, said
ordinance shall be null and void with no
further action by Council being necessary.
(For full text, see report on file in the City Clerk's
Office.) ~
Mr. Musser moved that the following ordinance be
placed upon its first reading:
(#31616) 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. 54,
page 253.)
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.
There being none, Ordinance No. 31616 was adopted, on its
first reading, by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers - 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, August 9,
1993, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on the request of LKA Enterprises, Inc.,
and AutoZone, Inc., that two parcels of land located 130
feet from the intersection of Williamson Road and Angell
Avenue, N. W., identified as Official Tax Nos. 2090307
and 2090328, be rezoned from RM-1, Residential Multi-
Family District, to C-2, General Commercial District,
subject to certain conditions proffered by the
petitioners, the matter was before the body.
ACTION:
579
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
July 23, 1993, and Friday, July 30, 1993.
(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
construction of a building and related improvements for
operation of a retail store selling automotive parts,
supplies and accessories,-was before Council.
The Planning Commission recommended that Council
approve the request, advising that the rezoning will
place all of the contiguous property under one ownership
within the same zoning district classification currently
proposed for redevelopment into a more compatible land
use to the adjoining commercial uses oriented towards
Williamson Road.
(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:
(#31617) AN ORDINANCE to amend Section 36~1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
209, 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, se~ Ordinance Book No. 54,
page 255.)
The motion was seconded by Mr. McCadden.
The Mayor inquired if there were persons present who
would like to address Council with regard to the matter.
There being none, Ordinance No. 31617 was adopted, on its
first reading, by the following vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers= .......... 5.
NAYS: None 0.
(Council Member Harvey abstained from voting.)
Mayor Fitzpatrick was absent.)
(Vice-
58O
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, August 9,
1993, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on the request of the Estate of Grace Short
Sller and AutoZone, Inc., that a tract of land located at
the intersection of Gus Nicks Boulevard and Eastern
Avenue, N. E., containing 1.007 acre, identified as
Official Tax No. 3330412, be rezoned from BM-l,
Residential Multi-Family District, to C-2, General
Commercial District, subject to certain conditions
proffered by the petitioners, the matter was before the
body. ~
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
July 23, 1993, and Friday, July 30, 1993.
(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
facilitate the construction of a retail store selling
automotive parts, supplies and accessories, was before
Council.
The Planning Co~i~sion recommended that Council
approve the request, advising that the proposed rezoning
is consistent with the existing zoning pattern and land
uses in the immediate area, and will provide a
transitional buffer area between the more intensive,
highway-oriented commercial uses along Orange Avenue and
Gus Nicks Boulevard, N. ~., to the north and east and the
single family, multi-family and open space uses to the
west and south of the subject property.
(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:
(#31618) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
333, 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. 54,
page 256.)
581
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;
whereupon, Ms. Joyce M. Moses, Route 1, Roanoke,
expressed concern as to what will be done to separate the
retail store from the residential area; whereupon, Mr.
James F. Douthat, Attorney, representing the petitioner,
presented a site plan and explained that the building
proposed to be constructed will face Gus Nicks Boulevard,
N. E., which will be below or at grade level on Osborne
Street. He added that a four-foot fence or wall will be
constructed with adequate landscaping, all lighting will
be directed down and away from the area behind and toward
Gus Nicks Boulevard, and no outdoor amplified speakers
will be used.
Upon question, Mr. Marlles advised that the lot is
a long, narrow lot which is 125 feet wide and will
require a variance from the Board of Zoning Appeals. He
stated that as Agent to the City Planning Commission, he
can require a fence in addition to landscaping;
therefore, from a planning standpoint, the residential
area to the rear of the structure will be adequately
buffered.
No other persons wishing to be heard, Ordinance No.
31618 was adopted, on its first reading, by the following
vote:
AYES: Council Members Musser, White, Bowles,
McCadden and Mayor Bowers 5.
NAYS: None ~ 0.
(Council Member Harvey was out of the Council Chamber.)
(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, August 9,
1993, 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 that a tract of land
lying west and southwest of Connecticut Avenue, off of
Hollins Road, N. E., containing 9.751 acres, identified
as Official Tax No. 3041207, be rezoned from HM, Heavy
Manufacturing District~ to LM, Light Manufacturing
District, subject to certain conditions proffered by the
petitioner, the matter was before the body.
582
ACTION:
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
July 23, 1993, and Friday, July 30, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Conunission advising
that the purpose of the request for rezoning is to place
the subject property , into a zoning district
classification that wil~ encourage more industrial
development within the existing Deanwood Business Park,
was before Council. ~
The Planning Commission recommended that Council
approve the request, advising that the rezoning will be
a logical extension of the Light Manufacturing District
to the east of the subject property and provide for more
land use development possibilities for future lnfill
development within the existing industrial park; and the
rezoning will be in keeping with recommendations of the
Comprehensive Plan and the Deanwood Redevelopment Plan
for said area.
(For full text, see report on file in the City Clerk's
Office.) ·
<
Mr. Harvey moved that the following ordinance be
placed upon its first reading:
(#31619) AN ORDINANCE to amend Section 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.
(For full text of Ordinance, see Ordinance Book No. 54,
page 258.)
The motion was seconded by Mr. Musser.
Mr. H. Wesley White, Land Planning/Subsidized
Housing Director, Roanoke Redevelopment and Housing
Authority, appeared before Council in support of the
request.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request.
There being none, Ordinance No. 31619 was adopted, on its
first reading, by the following vote:
,!
583
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers-
White, Bowles,
6.
NAYS: None
(Vice-Mayor Fitzpatrick was absent.)
POLICE DEPARTMENT-ZONING-DOWNTOWN ROANOKE,
INCORPORATED: Council having authorized the City Clerk to
advertise a public hearing for Monday, August 9, 1993, at
7:30 p.m., or as soon thereafter as the matter may be
heard, on the request of the City of Roanoke, that
Section 36.1-270, Zoning, of the Code of the City of
Roanoke (1979), as amended, be amended by the addition of
a new subsection (9) Police facilities, the matter was
before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
July 23, 1993, and Friday, July 30, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the proposal to establish a police mounted patrol
function was approved by Council at its budget study
session on May 4, 1993; that property under consideration
for the proposed stable and office for a mounted police
unit is located on Cleveland Avenue, S. W., described as
Official Tax No. 1320805, and is zoned HM, Heavy
Manufacturing District, with the surrounding
property zoned a combination of HM and LM, Light
Manufacturing District;' and HM, Heavy Manufacturing
District zoning, does not currently provide for "police
facilities" as a permitted use, was before Council.
It was explained that "police stations", a related
category, are currently? permitted outright in the LM,
C-3, C-2, CN, RS-3, RS-2, and RS-1 zoning districts; that
the subject property, contains an existing stable which
has been used by the property owner for a number of years
for the keeping of his horses; that if the request is
approved, the existing stable will require certain
renovations to accommodate the mounted patrol; and horses
for the unit are in the process of being secured, and it
is anticipated that accommodations will be needed prior
to August 15, 1993.
584
ACTION:
The Planning Commission recommended that Council
approve the proposed zon&ng ordinance text amendment
providing for "public police facilities" as a permitted
use in a HM, Heavy Manufacturing District.
(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:
(#31620) AN ORDINANCE amending Section 36.1-270,
Permitted uses, by the addition of new subsection (9), of
Chapter 36.1, Zoninq, of the Code of the City of Roanoke
(1979), as amended, to permit public police facilities
within the HM, Heavy Manufacturing District, zone.
(For full text of Ordinance, see Ordinance Book No. 54,
page 259.)
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, Ordinance No. 31620 was adopted, on its
first reading, by the following vote:
AYES: Council Me~bers Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None
®
(Vice-Mayor 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, ~hat item would be removed from
the Consent Agenda and c~nsidered separately. Ne called
specific attention to · four requests for 'Executive
Sessions to discuss vacancies on various authorities~
'boards, commissions and committees appointed by Council;
a personnel matter, being the appointment of a specific
public officer; specific legal matters requiring the
provision of legal advice by counsel, being the terms and
conditions of a new gas franchise; and a matter with
regard to actual litigation, being a suit filed by the
City to collect a debt. The Mayor further advised that a
Member of Council had requested that Item C-6, a Joint
ACTION:
ACTION:
585
report of the City Manager, Acting Director of Finance,
Commissioner of Revenue and City Treasurer with regard to
a procedure whereby property owners may pay their real
estate taxes by installments, be removed from the Consent
Agenda and considered separately.
MINUTES: Minutes of the regular meeting of Council
held on Monday, May 3, 1993; the Personnel Committee
meetings held on Wednesday, May 5, 1993, and Thursday,
May 6, 1993; and the regular meetings of Council held on
Monday, May 10, 1993; Monday, May 17, 1993; and Monday
May 24, 1993, were before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the reading of the minutes be
dispensed with and that .the minutes be approved as
recorded. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. McCadden and adopted by the following vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
NAYS: None
White, Bowles,
6.
e
(Vice-Mayor Fitzpatrick was absent.)
586
ACTION:
ACTION:
COUNCIL: A communication from Vice-Mayor Beverly T.
Fitzpatrick, Jr., Chairgerson, Roanoke City Council
Personnel Committee, requesting that Council meet 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.
(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. McCadden and adopted by the following
vote:
AYES: Council Me~bers Musser,
Harvey, McCadden and Mayor. Bowers ....
NAYS: None
White, Bowles,
®
(Vice-Mayor Fitzpatrick was absent.)
ANNUAL REPORTS-AUDIT COMMITTEE: A annual ~eport of
the Audit Committee for the year ended June 30, 1993, 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. McCadden and
adopted by the following vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers-
NAYS: None
White, Bowles,
6.
(Vice-Mayor Fitzpatrick was absent.)
ANNUAL REPORTS-MUNICIPALAUDITOR: A communication
from Robert H. Bird, Municipal Auditor, transmitting the
Annual Report of the Municipal Auditor for the year ended
June 30, 1993, was before Council.
(For full text, see Annual Report on file in the City
Clerk's Office.)
ACTION:
ACTION:
ACTION:
587
Mrs. Bowles moved that the Annual Report be received
and filed. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
PENDING LIST: A list of items pending from
February 10, 1992 through July 26, 1993, 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. McCadden and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None- 0.
(Vice-Mayor Fitzpatrick was absent.)
OATHS OF OFFICE-PENSIONS: A report of qualification
of Robert E. Tonkinson, Jr., as a member of the Board of
Directors, City of Roanoke Pension Plan, for a term
ending June 30, 1997, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. :The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None.
(Vice-Mayor Fitzpatrick was absent.)
588
ACTION:
ACTION:
OATHS OF OFFICE-ROANOKE ARTS COMMISSION: A report
of qualification of E. Antoinette Hale as a member of the
Roanoke Arts Commission, for a term ending June 30, 1996,
was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers-- 6.
NAYS: None
(Vice-Mayor Fitzpatrtck was absent.)
COUNCIL: A report ~f the City Attorney requesting
that Council meet in Executive Session to discuss
specific legal matters requiring the provision of legal
advice by counsel, being'the terms and conditions of a
new gas franchise, 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 Attorney 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 new gas franchise, pursuant to Section 2.1-344
(A)(7), Code of Virginia%(1950), as amended. The motion
was seconded by Mr. McCad~en and adopted by the following
vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
NAYS: None
White, Bowles,
$.
(Vice-Mayor Fitzpatrick was absent.)
COUNCIL: A report .of the City Attorney requesting
that Council meet in ~xecutive Session to discuss a
matter with regard to ~ctual litigation, being a suit
filed by the City to collect a debt owed to it, pursuant
I
ACTION:
589
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 Attorney to convene in Executive Session to
discuss a matter with regard to actual litigation, being
a suit filed by the City to collect a debt owed to it,
pursuant to Section 2.1-344 (A)(7), Code of Virginia
(1950), as amended. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor-Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS:
TAXES: A Joint report advising that on April 26,
1993, Council referred to the City Manager, Acting
Director of Finance, Commissioner of Revenue and City
Treasurer the matter of developing a procedure whereby
property owners may pay their real estate taxes by
installments, the matter was before the body.
The committee explained that there are 42,000 plus
real estate parcels located in the City of Roanoke; that
approximately 40 per cent of real estate property owners
have their taxes escrowed by financial institutions; that
non-escrow taxpayers, or those receiving tax bills, are
billed semi-annually with payments due by October 5 and
April 5 to avoid late payment penalties; that the
committee agrees that citizens should have the
opportunity to make partial payments on current real
estate taxes; that payments could be made at the
discretion of each taxpayer prior to the established due
dates of October 5 and April 5, and after the due date,
the appropriate penalty would apply; and allowing
multiple advance payments will assist some taxpayers in
budgeting for the annual expense.
590
ACTION:
The Committee recommended that notification be
mailed with the tax notice on or about August 25, 1993,
informing citizens of their ability to make advance
partial payments.
(For full text, see report on file in the City Clerk's
Office.) ~
Mr. White advised that the report was not conclusive
and did not respond to alt of his questions. He stated
that it was his interpretation that Council's original
intent was for the committee to study the matter of
changing the April 5 due date which is a time when
citizens are hard pressed to pay other taxes such as
income taxes, personal property taxes, etc. He added
that Council was also interested in obtaining information
on the feasibility of quarterly payments on real estate
taxes.
Mr. Harvey advised that approximately 60 per cent of
the City's real estate owners pay real taxes personally
as opposed to through a lending institution. He stated
that in discussing the matter with the City Treasurer,
there may be certain ,problems in connection with
quarterly payments; however, he expressed concern
relative to the April 5 due date in view of other taxes
that must be paid within the same time period.
The City Treasurer explained that it would be easier
to administer partial payments than quarterly
installments which would incur additional penalty
deadlines. Insofar as the April 5 due date, he stated
that taxpayers would have six months to make payments,
and they could make payments every month if they were so
inclined; and if quarterly payments are initiated, four
deadline dates and two additional penalty deadline dates
would be involved. He advised that administrative costs
would increase with quarterly collection, and it would be
necessary to change the entire computer program.
Mr. White moved that the matter be referred back to
the City Manager, City Treasurer, Commissioner of Revenue
and Acting Director of Finance for further study and
report to Council, with more emphasis in regard to
changing the April 5 due date and consideration of
quarterly payments on real estate taxes. The motion was
seconded by Mr. Musser and adopted.
BUDGET-CITY JAIL-CITY SHERIFF-GRANTS-SCHOOLS: The
Sheriff submitted a written report advising that in 1987,
a Literacy Program for inmates incarcerated in the
Virginia Department of Corrections was initiated, which
ACTION:
591
was intended to reduce recidivism among Inmates by
encouraging them to obtain a G.E.D. level of education,
thereby increasing their ability to obtain a Job once
released from custody; that since fiscal year 1988-89,
Federal grant funds have been made available to local
jails to provide educational programs for inmates at the
local level; and the City Jail has received grant funds
for the past five fiscal years to be used for employment
of a part-time teacher to provide an educational program
for Inmates in the City Jail, which program has proven to
be successful.
It was explained that the Roanoke City Schools
requested and received approval for continued funding of
the Roanoke City Jail's Education Program for fiscal year
1993-94; that the "institutionalized adult plan" request
was again submitted as a 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 the Acting Director of
Finance be authorized to establish a revenue estimate In
the Grant Fund, tn the amount of $16,500.00, tn Federal
funds and $1,833.00 in local cash match to be paid by the
Roanoke City Jail's Canteen Fund; and appropriate
$18,333.00 in the Grant Fund to the following accounts:
Temporary Employee Wages - $17,030.00 and FICA -
$1,303.00.
The City Manager submitted a written report
concurring in the recommendation of the Sheriff.
(For full text, see reports on file in the City Clerk's
Office.) t
Mr. Harvey offered the following emergency budget
ordinance: ~
(~31621-080993) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 234.)
Mr. Harvey moved the adoption of Ordinance No.
31621-080993. The motion was seconded by Mr. Musser and
adopted by the following vote:
592
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
NAYS: None ,
(Vice-Mayor Fitzpatrick was absent.)
White, Bowles,
6.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
STREETS ANDALLEYS-PLANNING-SIGNALSANDALARMS-STATE
HIGHWAYS-VIRGINIA TECH-TRAFFIC-COMPLAINTS-HOTEL ROANOKE
CONFERENCE CENTER: The A~sistant City Manager submitted
a written report of the ~ity Manager in connection with
approval of major design features for Wells Avenue
widening and realignment:~rom Wllliamson Road to First
Street, S. W.
It was explained that the purpose of the project is
as follows:
to provide an improved facility with adequate
traffic carrying capability in the east-west
direction;
to provide, in combination with the Second
Street/Gainsboro Ro~d Project, improved access
to the downtown area; and
to complete one l~nk on the proposed inner
loop, thereby helping to relieve traffic
congestion in the CDntral Business District.
The City Manager advised that a cost estimate of
$4.5 million will be shared by the Virginia Department of
Transportation and the City; that two per cent of right-
of-way and construction amounts to a total City share of
$90,000.00; that payment of added expense for enhancement
items applied for by the City using the new Intermodal
Surface Transportation Efficiency Act enhancement program
remains undetermined pending action on project
applications by the Commonwealth Transportation Board (by
October 1, 1993); and a separate contract will be needed
to constructed enhancements such as additional
landscaping, decorative ~ighting, bus shelter/plaza area,
plaques that interpret history of the adjacent area, and
entryway signage.
ACTION:
593
The City Manager recommended that Council take the
following actions:
Approve the major design features of the
widening and realignment of Wells Avenue
between Williamson Road and First Street,
N. W., including the location, as presented at
a public hearing held on July 29, 1993.
Request that the Virginia Department of
Transportation acquire all rights-of-way
necessary for the .project conveying said
rights-of-way to the City of Roanoke at the
appropriate time.
Authorize the City Manager 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. Musser offered the following resolution:
(#31622-080993) A RESOLUTION approving the location
and major design features of the Wells Avenue highway
project in the City of Roanoke and requesting the
Virginia Department of Highways and Transportation to
begin right-of-way acquisition.
(For full text of Resolution, see Resolution Book No. 55,
page 235.)
Mr. Musser moved the adoption of Resolution No.
31622-080993. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
advised that as a resident of an historic area and
President of Historic Gainsboro Preservation District,
Inc., she opposed the construction of two four-lane
roadways through historic~ Gainsboro. She expressed
concern that the City Manager was not in attendance at
594
the meeting, and Council voted on the matter without
careful consideration of the comments of Gainsboro
residents which were recently submitted to the Virginia
Department of Transportation. She stated that Council's
action confirms what Galnsboro residents have heard
throughout their community for the past two years, "it's
a done deal". She further stated that comments of
Galnsboro residents have been submitted to the Mayor, the
City Manager and to ghe Virginia Department of
Transportation, and restdonts would like for Council to
know that they continue to be opposed to the construction
of two four-lane roadways through their community. She
advised that it seems as though Council is giving
overriding consideration to the Hotel Roanoke; that
Gatnsboro residents have no opposition to the Hotel
Roanoke project, however, it appears that Council ts
giving undue consideration to the comments and wishes of
people who will not stand publicly at hearings in support
of Council's decision. She added that the residents of
Gatnsboro and Its supporters throughout the Roanoke
Valley have let their feelings be known that additional
studies should be given to the proposal. She stated that
with proper consideration and rehabilitation, the
Gatnsboro area can be a tourist attraction; and residents
will continue their opposition and do as much as possible
to oppose the construction of two-four lane roadways
through historic Galnsboro. (Ms. Bethel specifically
requested that she be permitted to speak following the
vote by Council on the above referenced resolution.)
TOTAL ACTION AGAINST POVERTY-GRANTS: The Assistant
City Manager submitted a written report of the City
Manager advising that pursuant to Resolution No. 31445-
051093 adopted on May 10, 1993, Council authorized
funding for the Total Action Against Poverty Customized
Job Training project as pgrt of the Community Development
Block Grant (CDBG) application; and pursuant to Ordinance
No. 31534-062893 adopted on June 28, 1993, Council
appropriated CDBG funds,jtncluding $25,000.00 for the TAP
Customized Job Training Program.
It was further advised that project continuation, as
proposed by TAP, will provide customized Job training for
65 low to moderate Income persons, with 41 Job openings
expected to be filled; that TAP and at least four 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 1993-94 funds, in the.amount of $25,000.00,
will leverage approximately $81,352.00 tn additional
monies from the Job Training Partnership Act and tn-kind
ACTION
595
donations of equipment, materials and training; and an
administrative agreement between the City and TAP is
necessary for the funds to be obligated to the project.
The City Manager recommended that he be authorized
to execute an agreement with Total Action Against Poverty
for the Customized Job Training Program, advising that
the cost to the City will be $25,000.00 in Community
Development Block Grant funds, which funding is available
in CDBG Account No. 035-093-9338-5218.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31623-080993) A RESOLUTION authorizing the City
Manager to execute an agreement with Total Action Against
Poverty in Roanoke Valley, Inc. ("TAP"), to provide for
the Customized Job Training Program.
(For full text of Resolution, see Resolution Book No. 55,
page 236.)
Mrs. Bowles moved the adoption of Resolution No.
31623-080993. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-GRANTS-YOUTH~HUMAN DEVELOPMENT: The
Assistant City Manager submitted a written report of the
City Manager with regard.to continuation of the Office on
Youth Grant, advising that the grant was first officially
awarded to the City under the Virginia Delinquency
Prevention and Youth Act on June 17, 1980; that a fiscal
year 1993-94 youth grant application was submitted to the
Department of Youth and Family Services in May 1993; that
the grant will provide for continuation of coordinated
planning and program implementation of the Office on
Youth; and the fiscal year 1993-94 grant budget totals
$37,919.00 in state funds, $13,335.87 in local cash
match, and $3,750.00 in-kind, for a total overall budget
of $55,004.87.
596
ACTION:
It was further advised that a local cash match of
$11,800.00 was included in the fiscal year 1993-94 Human
Development budget, with additional necessary funding to
be identified at the time of Council's approval of the
grant; that the in-kind match of $3,750.00 is available
through use of office space rental in the Grants
Compliance Office; that local match, cash/in-kind must
equal a minimum of 25 per cent of the total budget
request; and Council's acceptance of the state grant
award and appropriation of the local cash match is
required before the appropriate City officials may
execute the necessary documents to receive State funds.
The City Manager recommended that Council approve
the following actions:
Accept the Department of Youth Services grant
through execution of the proper form by the City
Manager or his designee.
Appropriate $51,2~4.87 to accounts to be
established in the Grant Fund by the Acting
Director of Finance for said program, $37,919.00
will be funded by the Department of Youth and
Family Services (inlkind match does not require an
appropriation).
Transfer $11,800.00, from Account No. 001-004-9310-
9535 in the Human Development budget and $1,535.87
from the Contingency Reserve Account to the Grant
Fund as a part of the City's cash match to operate
the program for fiscal year 1993-94 to the Grant
Fund.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(t31624-080993) AN~ORDINANCE to amend and reordain
certain sections of the .,1993-94 General and Grant Funds
Appropriations, and providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 55,
page 237.)
Mr. White moved the adoption of Ordinance No. 31624-
080993. The motion was seconded by Mr. Musser and
adopted by the following vote:
ACTION:
597
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
White, Bowles,
6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
Mr. White offered the following resolution:
(#31625-080993) 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. 55,
page 238.)
Mr. White moved the adoption of Resolution No.
31625-080993. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White,
Harvey, McCadden and Mayor Bowers
Bowles,
6.
NAYS: None--
(Vice-Mayor Fitzpatrick was absent.)
VIRGINIA TECH-HUMANDEVELOPMENT: The Assistant City
Manager submitted a written report of the City Manager
advising that the Virginia Cooperative Extension (VCE) is
a State agency which functions through departments on the
campuses of Virginia Tech and Virginia State University
and through four district offices and 107 unit offices in
counties and cities across the Commonwealth of Virginia;
that Memoranda of Understanding (MOU) are documents which
describe the responsibilities of Virginia Cooperative
Extension and its partners; that although not legally
binding, the Memoranda of Understanding serve to guide
all partners in the delivery of Extension programs; and
Memoranda of Understanding are presently in effect for
most local governments and for many State and private
agencies, however, the. documents periodically become
outdated and need revision.
598
ACTION:
It was explained that;Council first approved funding
support for one Extension Agent who worked out of the
Roanoke County Unit in 1970; that in 1973, a City Unit
was opened with funding from the General Fund account,
then through the Human Resources Committee, and later
under the budget of the Director of Human Development;
that the Unit Director is administratively responsible to
the Director and reports on a monthly basis; that
annually, the City Unit submits a budget to the City
through the Director of Human Development; and Unit Staff
is currently composed of three professional positions,
four paraprofessional positions and two secretaries.
The City Manager recommended that he be authorized
to execute a Memorandum of Understanding with the
Virginia Cooperative Ext~sion, City of Roanoke Unit.
!
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31626-080993) A RESOLUTION authorizing the
execution of a Memorandum of Understanding with Virginia
Cooperative Extension ("VCE") pertaining to the
departmental structure, administrative program and
financial arrangement between the VCE and the City.
(For full text of Resolution, see Resolution Book No. 55,
page 239.)
Mrs. Bowles moved the adoption of Resolution No.
31626-080993. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
NAYS: None
White, Bowles,
6.
®
(Vice-Mayor Fitzpatrick was absent.)
PURCHASE/SALE OF pRQPERTY-CONDEMNATION PROCEEDINGS-
CONSULTANTS REPORTS-STREETSANDALLEYS-CITY SHERIFF-CITY
JAIL: The Assistant C~ty Manager submitted a written
report of the City Manager advising that Council adopted
a measure on March 3, 1993, supporting the Roanoke City
Jail Annex Project and~approved issuance of bonds on
March 22, 1993, to fund said project; that the City
retained the firm of Hayes, Seay, Mattern and Mattern,
Inc. (HSMM), to study the feasibility of converting the
599
existing adjacent Datasafe storage building and the
Miller/Morgan Office Building, located on Campbell
Avenue, S. W., Immediately west of the Roanoke City Jail,
Into a Jail annex facility; that HSMM concluded that the
approach is feasible; that the Datasafe Building and the
Miller/Morgan Building are contiguous to one another and
are separated from the City Jail by an alley; and HSMM
has been advised by City representatives that the alley
ts seldom used and may be closed with "in-fill"
construction.
It was further advised that the Datasafe Building,
owned by Norcam Land Trust, Identified as Official Tax
No. 1011310, Lots 22 - 24, Inclusive, W. W. Coe Map, ts
a two-story brick structure containing approximately
23,100 square feet; that the City and the owner of the
Datasafe Building have each obtained Independent real
estate appraisals of the property which were exchanged;
that negotiations over a total real estate and moving
expense payment have taken place, with City staff having
made a final offer, tn the amount of $600,000.00, for
real estate and moving expenses; that the Miller/Morgan
Building, owned by Miller, Morgan & Rothgeb, identified
as Official Tax No. 1011309, Lots 25, 26 and a portion of
27, W. W. Coe Map, ts physically contiguous to the west
of the Datasafe Building; that the City and the owners of
the Miller/Morgan Building have each obtained real estate
appraisals of the property which were exchanged; that
negotiations have taken~place, with City staff having
made a final offer, tn the amount of $255,000.00, for
real estate; and the anticipated total cost, including
all expenses, is not expected to exceed $880,550.00.
The City Manager recommended that Council authorize
acquisition of the Datasafe Building, 330 Campbell
Avenue, S. W., Official Tax No. 1011310, and the Miller/
Morgan Building, 340 Campbell Avenue, S. W., Official Tax
No. 1011309, pursuant to negotiations with the owners, at
a total cost not to exceed $880,550.00, or by exercise of
the City's right of eminent domain; that legal
documentation be prepared by the City Attorney; and that
acquisition take place after the Commonwealth of Virginia
has approved the project planning study.
(For full text, see report on file tn the City Clerk's
Office.)
Mr. Musser offered the following emergency
ordinance:
600
ACTION:
(#31627-080993) AND ORDINANCE providing for the
acquisition of real estate needed by the City for the
construction of the Roanoke City Jail Annex Project;
setting a certain limit on the consideration to be
offered by the City; 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; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 240.)
Mr. Musser moved the adoption of Ordinance No.
31627-080993. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Me.~bers Musser,
Harvey, McCadden and Mayor Bowers
NAYS: None
White, Bowles,
6.
®
(Vice-Mayor Fitzpatrick was absent.)
BUILDINGS/BUILDING DEPARTMENT-HOUSING/AUTHORITY-
PLANNING-GRANTS-HENRY s~REET REVIVAL COMMITTEE: The
Assistant City Manager submitted a written report of the
City Manager advising that a building of five storefronts
located at 217-227 First Street, N. W., (Henry Street at
Wells Avenue), was found[to be in a dangerous condition
by the Building Departmefit; that specifically, a portion
of the front wall fronting on First Street was bowing out
eight to 12 inches toward the sidewalk and the street;
that closer examination~ of the interior by Building
Inspectors and a private structural engineer revealed
extensive structural decay throughout the building; that
the building was purchased by the Roanoke Redevelopment
and Housing Authority several years ago at the request of
the City with Community Development Block Grant funds;
and representatives of the City advised the Housing
Authority, the Henry Street Revival Committee, the
"Gainsboro Coalition", and other parties of the condition
of the building and its likely demolition.
It was further advised that due to the safety
hazard, the Building Dep~rtment proceeded to arrange for
demolition of the building in late July; that bids from
three demolition contractors were solicited, with the low
bid, in the amount of $~D,160.00, having been received
ACTION=
601
from Alan L. Amos, Inc., Demolition Contractor; and the
Building Department authorized the contractor to proceed
with demolition on an emergency basis, pursuant to
Section 105.7 of the Uniform Statewide Building Code,
Volume II.
The City Manager recommended that Council authorize
the appropriate City officials to execute a contract with
Alan L. Amos, Inc., in the amount of $20,160.00, for
demolition of 217-227 First Street, N. W., as an
emergency.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency ordinance:
(#31628-080993) AN ORDINANCE endorsing the
emergency demolition of unsafe structures located at 217-
227 First Street, N. W.; awarding a contract with Alan L.
Amos, Inc., for the demolition and removal of said unsafe
structures; 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. 55,
page 241.)
Mr. White moved the adoption of Ordinance No. 31628-
080993. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers- 6.
0
NAYS: None,
(Vice-Mayor Fitzpatrick was absent.)
Mr. White inquired as to the names of the three
demolition contractors and if any are African-American
owned firms; whereupon, the Director of Public Works
advised that he would provide Mr. White with the
requested information.
POLICE DEPARTMENT-FIRE DEPARTMENT-JEFFERSON CENTER-
CONSULTANTS REPORTS-WATER RESOURCES-EQUIPMENT: The
Assistant City Manage~ sUbmitted a written report of the
City Manager advising that Council, at its meeting .on
July 12, 1993, received an informational report on
purchase orders issued for furniture and other items;
i,e.: Virginia Correctional Enterprises - $64,696.12,
6O2
Passon's Sports - $1,958.30, and J. G. Chairs -
$10,577.50; that approva} was also given to issue a
purchase order to Lee Hartman and Sons, Inc., for audio-
visual equipment, in the amount of $29,985.00; that
advertisement was placed in the Roanoke Times & World
News for the remaining furniture and equipment items not
furnished by the above vendors; and two bids were
received, with Harris Office Furniture Co., Inc.,
submitting the low bid, in the amount of $17,139.00.
The City Manager recommended that Council accept the
bid of Harris Office Furniture Co., Inc., in the amount
of $17,139.00; and that the Manager of General Services
be authorized to execute a purchase order for certain
remaining furniture and equipment items, with funding
available in Account No. 008-002-9654-9065.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
ACTION:
(#31629-080993) A RESOLUTION accepting the bid of
Harris Office Furniture Co., Inc., made to the City for
furnishing and delivering furniture and other required
items for the Jefferson Center; and rejecting all other
bids made to the City.
(For full text of Resolution, see Resolution Book No. 55,
page 242.) ~'
Mrs. Bowles moved ~he adoption of Resolution No.
31629-080993. The motion, was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers-
NAYS: None
White, Bowles,
6.
(Vice-Mayor Fitzpatrick was absent.)
INSURANCE-CONSULTANTS REPORTS: The Assistant City
Manager submitted a written report of the City Manager
advising that all insurance obtained by the City must be
purchased through a agent/broker, and the City cannot
purchase directly from the insuring company; that
insurance agents/brokers receive commissions from the
insurance companies which they represent; that under an
agent/broker service agreement, a fee would be paid to
the agent/broker, and they would not receive a
commission; that the City is currently working with four
6O3
different agent/broker firms to obtain coverages that are
currently in place; that a more systematic approach to
procure insurance is to have only one agent/broker which
would assist the City with all insurance issues, as well
as represent the City in the insurance markets as the
City requests proposals for needed coverages; that other
localities in the Commonwealth procure agent/broker
service and insurance in this manner; and one
agent/broker will assist.the City's insured and self-
insured programs, as follows:
provide unlimited broker service to the Office
of Risk Management;
provide limited claims assistance
insured and self-insured programs,
claim disputes/negotiations with
carriers; and
for both
including
insurance
provide limited loss
assistance in unusual
environmental guidance.
control training and
exposures, including
It was further advised that specifications were
developed to secure agent/broker services on all existing
policies; that a request for proposals was sent to 23
agent/broker organizations and the following proposals
were received and evaluated by City representatives:
Johnson & Higgtns, Inc.
Thomas Rutherford, Inc.
Alexander & Alexander, Inc.
Rollins-Hudig-Hall of
Virginia, Inc.
$30,000.00
31,000.00
48,000.00
50,000.00
The City Manager recommended that he be authorized
to enter into an agent/broker service agreement with
Johnson & Higgtns, Inc., for a period of one year, with
an option to renew for two additional one-year periods,
at a cost of $30,000.00 for the first year; and that all
other bids received by the City be rejected.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
604
ACTION:
(#31630-080993) A RESOLUTION authorizing the
execution of a contract with Johnson & Higgins, Inc., to
provide agent/broker services to the City.
(For full text of Resolution, see Resolution Book No. 55,
page 243.)
Mr. White moved the adoption of Resolution No.
31630-080993. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None' 0.
(Vice-Mayor Fitzpatrick was absent.)
Mr. White requested that Council be provided with a
status report within six months as to the benefits the
City will derive as a result of changing to the
agent/broker concept.
EQUIPMENT-CITY I~FORMATION SYSTEMS-EMERGENCY
SERVICES: The Assistant Glty Manager submitted a written
report of the City Manager advising that external
auditors have recommended that the City obtain an
agreement to provide computer services in the event of a
disaster situation; that a Disaster Recovery System will
provide facility and equipment at an off-site location to
be used in the event of a disaster that may put the
City's computer operation out of service, which will
provide a backup system to operate until the City's
facility and/or system is operational; that
specifications were developed, as well as a request for
quotation which were sent to four vendors currently
listed on the City's bid list for this type of service;
and the following four bids were received and evaluated
by City representatives9
IBM Corporation $ 85,362.00
Sungard Recovery S~rvices, Inc. 90,000.00
Comdisco Disaster Recovery
service, Inc. .: 91,200.00
csc compusource, Inc. 125,700.00
The City Manager recommended that he be authorized
to enter into an agreement, in a form to be approved by
the City Attorney, with IBM Corporation to provide a
disaster recovery plan for the City, in accordance with
I
!
I
ACTION:
605
City specifications, at a first year cost of $8,520.00,
said funds to be available in City Information Services,
Account No. 006-013-1601-2010.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31631-080993) A RESOLUTION authorizing the City
Manager to enter into a contract with IBM Corporation to
provide disaster recovery services in support of the
City's computer services.
(For full text of Resolution, see Resolution Book No. 55,
page 244.)
Mr. Musser moved the adoption of Resolution No.
31631-080993. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
NAYS: None-
White, Bowles,
6.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-GRANTS-FDETC-YOUTH: The Assistant City
Manager submitted a written report of the City Manager
advising that Operation Bootstrap is designed to assist
low income families in the City to become economically
self-sufficient through cooperative efforts of the public
and private sectors; that the Fifth District Employment
and Training Consortium (FDETC) is responsible for
specific aspects of project management and
administration; that Opportunity Knocks: Roanoke Valley
Conservation Service Corps, a Statewide Governor's
initiative, is a comprehensive youth service project
designed to enhance the current educational and
employment options available to Virginia's at-risk youth;
that funding was authorized by council for the FDETC
Operation Bootstrap and Opportunity Knocks project as a
part of the Community Development Block Grant (CDBG)
application approved by Council on May 10, 1993, pursuant
to Resolution No. 31445-051093; that Council appropriated
CDBG funds on June 28, 1993, pursuant to Ordinance No.
31534-062893, including $35,939.00 in funding for the
FDETC Operation Bootstrap and Opportunity Knocks project;
and the City of Roanoke serves as grant recipient for
FDETC funding and Council must appropriate funds for all
grants received by the Consortium.
6O6
It was further advised that the City has awarded the
FDETC funding for proJect,~management and administration
of Operation Bootstrap, in. the amount of $10,939.00, from
Community Development Block Grant funds; that the
Consortium has completed one year of operating the
Opportunity Knocks project, a two-year State-sponsored
initiative designed to serve at-risk youth; that Project
continuation, as proposed by the Consortium, will provide
work experience, educational and specific Job skills
training for 35 low to moderate income young people
between the ages of 18 and 25; that the City has awarded
FDETC funding for project administration, training and
transportation for the Opportunity Knocks program, in the
amount of $25,000.00, from CDBG funds; that the
Governor's Employment and Training Department (GETD) sent
the Consortium Notice of Award No. OK-01, in the amount
of $190,125.00, for the Opportunity Knocks program; and
an administrative agreement between the City and the
Consortium is necessary for Community Development Block
Grant funds to be obligated to the Opportunity K~%ocks
program.
The City Manager recommended that Council approve
the following actions:
appropriate Fifth District Employment and
Training Consortium funding from the Community
Development Block Grant and the Governor's
Employment and Training Department, totalling
$226,064.00; "
increase the revenue estimate by $226,064.00
in accounts to be established by the Acting
Director of Finance; and
authorize the City Manager, or his designee,
to execute an agreement with the Fifth
District Employment and Training Consortium
for the Roanoke Valley Youth Conservation
Service Corps - Opportunity Knocks program.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance: I
ACTION:
ACTION:
6O7
(#31632-080993) AN ORDINANCE to amend and reordatn
certain sections of the 1993-94 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 245.)
Mrs. Bowles moved the adoption of Ordinance No.
31632-080993. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers- 6.
NAYS: None
(Vice-Mayor Fitzpatrick was absent.)
Mrs. Bowles offered the following resolution:
(#31633-080993) A RESOLUTION authorizing the City
Manager to execute an agreement with the Fifth District
Employment and Training Consortium ("FDETC"), to provide
for the Roanoke Valley Youth Conservation Service Corps -
Opportunity Knocks Project.
(For full text of Resolution, see Resolution Book No. 55,
page 247.)
Mrs. Bowles moved the adoption of Resolution No.
31633-080993. The motion was seconded by Mr. Musser and
adopted by the following..vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-ECONOMIC DEVELOPMENT-CAPITAL IMPROVEMENTS
PROGRAM: The Assistant City Manager submitted a written
report of the City Manager advising that during 1993-94
budget study, Council approved additional funding, in the
amount of $48,199.00, for the Roanoke Valley Economic
Development Partnership for fiscal year 1993-94 only, to
assist in funding one additional marketing representative
staff position for two years; and Economic Development
funds included in the Capital Improvement Program were
recommended as the funding source.
608
ACTION:
The City Manager recommended that Council
appropriate $48,199.00 from undesignated Capital Funds to
an account to be established by the Acting Director of
Finance in the Capital Projects Fund for dispersal to the
Roanoke Valley Economic Development Partnership.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following emergency budget
ordinance:
(#31634-080993) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 247.)
Mr. McCadden moved the adoption of Ordinance No.
31634-080993. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
White, Bowles,
6.
-0.
NAYS: None ..
:
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-FDETC: The Assistant City Manager submitted
a written report of the.City Manager advising that the
Fifth District Employment and Training Consortium (FDETC)
submitted its Implementation Strategy for the Title III,
Economic Dislocated Worker Adjustment Act program for
fiscal year 1993 in May of 1993; that the City serves as
grant recipient for FDETC funding; that Council must
appropriate funds for all grants received by the
Consortium; that the Governor's Employment and Training
Department (GETD) sent the Consortium Notice of Award No.
E-01, in the amount of $188,218.00, in Title III funding
for program year 1993; and fiscal year 1993 funds have
been allocated for the ~eriod July 1, 1993, to June 30,
1994. ~
The City Manage~ recommended that Council
appropriate funds for the Fifth District Employment and
Training Consortium Title III program, in the amount of
ACTION=
609
$188,218.00; and increase the revenue estimate, in the
amount of $188,218.00, in accounts to be established by
the Acting Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31635-080993) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 248.)
Mr. White moved the adoption of Ordinance No. 31635-
080993. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers 5.
NAYS: None.
(Council Member Musser was out of the Council Chamber.)
(Vice-Mayor Fitzpatrick was absent.)
REPORTS OF COMMITTEES:
BUDGET-BRIDGES-STREETS AND ALLEYS: Council Member
William White, Sr., Chairperson of a committee appointed
by the Mayor to tabulate bids received for construction
of bridge replacements on Centre and Shenandoah Avenues,
N. W., presented a written report on behalf of the
committee, recommending that Council approve the
following actions:
authorize the City Manager to enter into
contractual agreement with Branch Highways,
Inc., in a form acceptable to the City
Attorney, for replacement of the two bridges,
in accordance with contract documents, in the
amount of $281,558.00, with 150 consecutive
calendar days for completion of the work;
appropriate $296,000.00 in the Capital
Projects Fund to a new account entitled
"Bridges Nos. 8060 and 8042 Replacements" and
610
ACTION:
authorize the Acting Director of Finance to
transfer $296,000.00 from Account No. 001-004-
9310-9508, Transfers to Capital Projects Fund,
as follows:
contract amount
contingency (advertise-
ments, utility.relocation
expenses of Utility Line
Services, etc.)
$281,558.60
28~441.40
Total Project Amount $310,000.00
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: -
(#31636-080993) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 251.)
Mr. White moved the adoption of Ordinance No. 31636-
080993. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers .... 6.
e
NAYS: None
(Vice-Mayor Fitzpatrick was absent.)
Mr. White offered the following emergency ordinance:
(#31637-080993) AN ORDINANCE accepting the bid of
Branch Highways, Inc., fur the replacement of two bridges
on Centre Avenue and Shenandoah Avenue, upon certain
terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the -:
ACTION=
611
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. 55,
page 251.)
Mr. White moved the adoption of Ordinance No. 31637-
080993. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
NAYS: None
White, Bowles,
6.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-BRIDGES-STREETS AND ALLEYS: Council Member
William White, Sr., Chairperson of a committee appointed
by the Mayor to tabulate bids received for construction
of the bridge replacement on Craig-Robertson Road, S. E.,
over Garnand Branch, presented a written report on behalf
of the committee, recommending that Council approve the
following actions:
authorize the City Manager to enter into a
contractual agreement, in a form to be
approved by the City Attorney, with Robertson
Construction Co., Inc., in accordance with
contract documents, in the negotiated amount
of $220,908.00, with 120 consecutive calendar
days for completion of the project;
appropriate $232,000.00 to a new account in
the Capital Projects Fund entitled, "Bridge
No. 8052 Replacement, S. E. ,"'
authorize the Acting Director of Finance to
transfer $232,000.00 from Account No. 001-004-
9310-9508, Transfers to Capital Projects Fund,
as follows:
$220,908.00
contract amount
contingency (advertise-
ments, utility relocation
expenses of Utility Line
Services, etc.) 23,092.00
Total Project'Amount $244,000.00
reject all other bids received by the City.
612
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:
(#31638-080993) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 253.)
Mr. White moved the adoption of Ordinance No. 31638-
080993. The motion was seconded by Mr. Musser and
adopted by the following Note:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None
(Vice-Mayor Fitzpatrick was absent.)
Mr. White offered the following emergency ordinance:
(#31639-080993) AN ORDINANCE accepting the bid of
Robertson Construction Co., Inc., for replacement of the
Craig-Robertson Road Bridge, 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. 55,
page 253.)
Mr. White moved the adoption of Ordinance No. 31639-
080993. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council M~mbers Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None. 0.
(Vice-Mayor Fitzpatrick~was absent.)
ACTION:
613
BUDGET-SEWERS AND STORM DRAINS: Council Member
William White, Sr., Chairperson of a committee appointed
by the Mayor to tabulate bids received for replacement of
an existing 15-inch sanitary sewer located on Liberty
Road, N. E., between Rldgefield Street and the Norfolk
Southern Railroad, presented a written report on behalf
of the committee, recommending that Council approve the
following actions:
authorize the City Manager to enter into a
contractual agreement, in a form to be
approved by the City Attorney, with E. C. Pace
Co., Inc., for replacement of the Liberty Road
sanitary sewer, in accordance with contract
documents and in an amount of $20,520.00 and
30 consecutive calendar for completion of the
work;
appropriate $23,520.00 from Sewer Fund
Retained Earnings to a new account entitled,
"Liberty Road Sanitary Sewer Replacement,"
with a contract contingency amount noted below
which will provide for a ten per cent contract
contingency and approximately $1,000.00 in
advertising expenses already incurred:
contract amount
contingency
$20,520.00
3rO00.O0
Total $23,520.00
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:
(#31640-@80993) ~ ORDINANCE to amend and reordain
certain sections of the 1993-94 Sewage Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 255.)
Mr. White moved the'adoption of Ordinance No. 31640-
080993. The motion was seconded by Mr. Musser and
adopted by the following vote:
614
ACTION:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers- 6.
NAYS: None
(Vice-Mayor Fitzpatrick was absent.)
Mr. White offered the following emergency ordinance:
(#31641-080993) AN ORDINANCE accepting the bid of
E. C. Pace Company, Inc., for the replacement of the
Liberty Road sanitary sewer line, 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. 55,
page 256.)
Mr. White moved the adoption of Ordinance No. 31641-
080993. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None
-0.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-PURChASE/SALE OF PROPERTY-EASEMENTS-STATE
HiGHWAYS-INDUSTRIES-UTILiTIES-WATER RESOURCES-SEWERSAND
STORM DRAINS: Council Member William White, Sr.,
Chairperson of a committee appointed by the Mayor to
tabulate bids received for construction of Blue Hills
Circle, N. E., roadway improvements and utilities,
presented a written report on behalf of the committee,
recommending that Council approve the following actions;
authorize the City Manager to execute a City-
State Agreement with the Virginia Department
of Transportation ~to administer Industrial
Access Funds, in th~ amount of $306,000.00;
authorize the Actihg Director of Finance to
establish an account receivable, in the amount
of $306,000.00, which is to be appropriated to
a new account entitled, "Blue Hills Circle
Improvements"; and
ACTION:
ACTION:
615
authorize the City Manager to execute a unit
price contract with S. R. Draper Paving
Company, in the negotiated amount of
$815,350.00, with a five per cent project
contingency of $40,768.00, and appropriate
$131,460.00 from Transkrit Land Sales and
transfer $418,658.00 from Capital Fund,
Account No. 008-052-9629, RCIT Addition -
Property, to "Blue Hills Circle Improvements",
for a total appropriation of $856,118.00.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
(#31642-080993) A RESOLUTION authorizing the
execution of a contract with the Virginia Department of
Transportation in order for the City to receive
industrial access funds to provide industrial access to
the Transkrit Corporation site and future industrial
sites within the Roanoke Centre for Industry and
Technology.
(For full text of Resolution, see Resolution Book No. 55,
page 257.)
Mr. White moved the adoption of Resolution No.
31642-080993. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White,
Harvey, McCadden and Mayor Bowers
NAYS: None
Bowles,
6.
(Vice-Mayor Fitzpatrick was absent.)
Mr. White offered the following emergency budget
ordinance:
(#31643-080993) AN'ORDINANCE to amend and reordain
cer=ain sections of the 1993-94 Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 257.-)
Mr. White moved the adoption of Ordinance No. 31643-
080993. The motion was seconded by Mr. Harvey and
adopted by the following vote:
616
ACTION:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None
(Vice-Mayor Fitzpatrick was absent.)
Mr. White offered the following emergency ordinance:
(~31644-080993) AN ORDINANCE accepting the bid of
S. R. Draper Paving Company for Blue Hills Circle
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 otherlbids made to the City for the
work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 259.)
Mr. White moved the adoption of Ordinance No. 31644-
080993. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None
(Vice-Mayor Fitzpatrick was absent.)
SEWERS ANDSTORMDRAINS-PARKS AND RECREATION-CAND P
TELEPHONE COMPANY-UTILItIES-WATER RESOURCES-STREETS AND
ALLEYS-EASEMENTS: Council Member Elizabeth T. Bowles,
Chairperson of the Water-Resources Committee, presented
a written report on behalf of the committee, with regard
to a C & P Telephone Company easement on Riverland Road,
S. Eo
A staff report advised that improvement and
modernization of C & 'p Telephone services in the
Riverland Road/gth Street, S. E., area requires the
siting of an equipment cabinet near the intersection of
the two streets; that location of an equipment cabinet on
an unused portion of Mill Mountain Park along Riverland
Road, S. E., adjacent t~ an existing C & P manhole would
be ideal and has been:requested by C & P; that the
Department of Parks and ~rounds has no objections to the
ACTION~
617
proposed location of said equipment cabinet, and Mill
Mountain Park property at the proposed site was purchased
with grant funds, and the State Division of Planning and
Recreation Resources has reviewed and approved the
proposal.
The Water Resources Committee recommended that
Council authorize the dedication of a 20 foot by 20 foot
public utility easement on the south side of Riverland
Road, S. E., approximately 330 feet west of 9th Street.
(For full text, see reports on file in the City Clerk's
Office.) ~
Mrs. Bowles offered the following emergency
ordinance:
(#31645-080993) AN ORDINANCE authorizing the
execution of a deed of easement granting the Chesapeake &
Potomac Telephone Company (C&P") a public utility
easement on the south side of Riverland Road, S. E., upon
certain terms and conditions; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 260.)
Mrs. Bowles moved the adoption of Ordinance No.
31645-080993. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
NAYS: None--
White, Bowles,
6.
(Vice-Mayor Fitzpatrick was absent.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-WATER
RESOURCES-STREETS AND ALLEYS: Council Member
Elizabeth T. Bowles, Chairperson of the Water Resources
Committee, presented a written report on behalf of the
committee, with regard to the sale of surplus City-owned
property, Lots 1 - 6, inclusive, Waverly Place.
A staff report advised that the Water Resources
Committee considered the-recommendation of staff that six
lots located on an unopened portion of Gladstone Avenue,
S. E., be declared surplus and so recommended to Council;
that Council declared the lots surplus to the City's
needs upon receiving the Water Resources Committee's
recommendation, pursuant to Ordinance No. 31503-060793,
618
ACTION:
and authorized City staff to advertise said property for
sale to the highest bidder, under certain terms and
conditions; and the lots were adv~rtised for sale by the
Department of General Services, with one bid having been
received from David A. Turner, property owner located
immediately to the east of the lots, in the amount of
$550.00.
The Water Resource~ Committee recommended that
Council authorize the sale of Lots 1 - 6, inclusive,
Waverly Place, Official Tax Nos. 4230301 - 4230306,
inclusive, to David A. Turner, 1433 Gladstone Avenue,
S. E., in the amount of $550.00, with legal documentation
for transfer of title to be prepared by the City
Attorney.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(#31646-080993) AN ORDINANCE providing for the sale
and conveyance of six lots owned by the City and located
on an unopened portion of Gladstone Avenue, S. E.; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 260.)
Mrs. Bowles moved the adoption of Ordinance No.
31646-080993. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick..v~as absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
BUDGET-GRANTS-LIBRARIES: Ordinance No. 31592,
amending and reordaining certain sections of the 1993-94
Grant Fund Appropriations, providing for appropriation of
$6,885.00 in connection with acceptance of a Library
Services and Construction Act (LSCA) Title I, Subregional
ACTION:
ACTION=
619
Library for the Blind Grant, having previously been
before the Council for its first reading on Monday,
July 26, 1993, 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:
(#31592-080993) AN ORDINANCE amending and
reordaining certain sections of the 1993-94 Grant Fund
Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 221.)
Mrs. Bowles moved the adoption of Ordinance No.
31592-080993. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers --6.
NAYS: None
-0.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-GRANTS-ROANOKE SYMPHONY ORCHESTRA-ARTS
COUNCIL OF ROANOKE VALLEY-MILL MOUNTAIN THEATRE:
Ordinance No. 31594, amending and reordaining certain
sections of the 1993-94 Grant Fund Appropriations,
providing for appropriation of $2,230.00 in connection
with acceptance of a local Government Challenge Grant
from the Virginia Commission for the Arts, having
previously been before the Council for its first reading
on Monday, July 26, 1993, 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:
(#31594-080993) AN ORDINANCE amending and
reordaining certain sections of the 1993-94 Grant Fund
Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 222.)
Mr. Musser moved the adoption of Ordinance No.
31594-080993. The motion was seconded by Mr. Harvey and
adopted by the following vote:
620
ACTION:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-FIRE DEPARTMENT-GRANTS-EQUIPMENT: Ordinance
No. 31600, amending and reordaining certain sections of
the 1993-94 Grant Fund Appropriations, providing for
appropriation of $93,592.00 in connection with acceptance
of a grant from the State Department of Fire Programs, to
be used for procurement of materials and equipment for
training and development, as well as fire suppression
equipment, having previously been before the Council for
its first reading on Monday, July 26, 1993, 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:
(#31600-080993) AN ORDINANCE amending and
reordaining certain sections of the 1993-94 Grant Fund
Appropriations. ~
(For full text of Ordinance, see Ordinance Book No. 54,
page 223.) ~
Mr. Harvey moved ~he adoption of Ordinance No.
31600-080993. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
NAYS: None-
White, Bowles,
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-ROANOKE CIVIC CENTER-HOCKEY-EQUIPMENT-
PROCUREMENT CODE: Ordinance No. 31602, amending and
reordaining certain sections of the 1993-94 Civic Center
Fund Appropriations, providing for appropriation of
$35,000.00 in connection with the purchase of hockey
equipment for professional hockey games to be hosted at
the Roanoke Civic Center Coliseum, having previously been
before the Council for its first reading on Monday,
July 26, 1993, 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:
621
(#31602-080993) AN ORDINANCE amending and
reordaining certain sections of the 1993-94 Civic Center
Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 224.)
Mr. White moved the adoption of Ordinance No. 31602-
080993. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None
5
(Vice-Mayor Fitzpatrick was absent.)
CITY CODE-SIDEWALK/CURBANDGU~ER-UTILITIES-STREETS
AND ALLEYS: Ordinance No. 31606 amending and reordaining
the Code of the City of Roanoke (1979), as amended, to
provide an exemption from the permit fee for public
utility companies and their contractors for work
conducted in connection with a City or Virginia
Department of Transportation sponsored project, having
previously been before the Council for its first reading
on Monday, July 26, 1993, 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:
(#31606-080993) AN ORDINANCE amending and
reordaining the Code of the City of Roanoke (1979), as
amended, by amending Section 30-62, Fee~, of Division 2,
Permit, of Article III, Street Excavations, of Chapter
30, Streets and Sidewalks, Code of the City of Roanoke
(1979), as amended, to .provide an exemption from the
permit fee for public utility companies and their
contractors for work conducted in connection with a City
or Virginia Department of Transportation sponsored
project.
(For full text of Ordinance, see Ordinance Book No. 54,
page 225.) ,
Mr. Musser moved '-the adoption of Ordinance No.
31606-080993. The motion was seconded by Mr. Harvey and
adopted by the following vote:
622
ACTION:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers .......
NAYS: None
White, Bowles,
6.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-TRAFFIC-SIDEWALK/CURB AND GUTTER-STATE
HiGHWAYS-BRIDGES-PLANNING-NORFOLK SOUTHERN CORPORATION-
SIGNALS AND ALARMS-STREETS AND ALLEYS: Ordinance No.
31607 amending and reordaining certain sections of the
1993-94 Capital and Water Fund Appropriations, providing
for the transfer of certain funds in connection with
execution of a City-State,Agreement between the City and
the Virginia Department of Transportation relating to a
project for replacement of the Fifth Street Bridge over
the Norfolk Southern Railroad, having previously been
before the Council for its first reading on Monday, July
26, 1993, 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:
(#31607-080993) AN ORDINANCE amending and
reordaining certain sections of the 1993-94 Capital and
Water Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 226.)
Mrs. Bowles moved the adoption of Ordinance No.
31607-080993. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers- - ..... 6.
NAYS: None
(Vice-Mayor Fitzpatrick was absent.)
APPALACHIAN POWER COMPANY-FLEET MAINTENANCE FUND-
EQUIPMENT-CITY PROPERTY: Ordinance No. 31609 authorizing
the City Manager to enter into a lease agreement with
Appalachian Power Company for lease of certain City
property, identified as Official Tax No. 4030302, to be
used by the City for ve~icular storage, for a rental of
$6,000.00 per year, upon certain terms and conditions,
having previously been ~efore the Council for its first
reading on Monday, July 26, 1993, read and adopted on its
first reading and laid Qver, was again before the body,
Mr. Harvey offering the following for its second reading
and final adoption:
ACTION:
ACTION:
623
(#31609-080993) AN ORDINANCE authorizing the City
Manager to enter into a lease agreement with respect to
certain property owned by Appalachian Power Company in
the City of Roanoke, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 227.)
Mr. Harvey moved the adoption of Ordinance No.
31609-080993. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-CONSULTANTS REPORTS-WATER RESOURCES-
INDUSTRIES: Ordinance No. 31610 amending and reordaining
certain sections of the 1993-94 Capital and Water Fund
Appropriations, providing for the transfer of $25,677.00,
in connection with an amendment to an existing agreement
with Mattern & Craig, Inc., to provide additional
engineering services for improvement of water facilities
for the Roanoke Centre for Industry and Technology,
having previously been before the Council for its first
reading on Monday, July 26, 1993, 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:
(#31610-080993) AN ORDINANCE amending and
reordaining certain sections of the 1993-94 Capital and
Water Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 228.)
Mrs. Bowles moved the adoption of Ordinance No.
31610-080993. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
NAYS: None
White, Bowles,
6.
(Vice-Mayor Fitzpatricktwas absent.)
624
ACTION:
ACTION:
WATER RESOURCES: Ordinance No. 31612 approving the
City Manager's issuance of Change Order No. 3 to the
City's contract with Crowder Construction Co., to
implement changes necessary to permit relocation of the
chemical feed point, in connection with Carvins Cove
Filter Plant Improvements - Phase I, having previously
been before the Council for its first reading on Monday,
July 26, 1993, read and adopted on its first reading and
laid over, was again before the body, Mr. McCadden
offering the following for its second reading and final
adoption:
(#31612-080993) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 3 to the City's
contract with Crowder Construction Co., to implement
changes necessary to permit relocation of the chemical
feed point, in connection with Carvins Cove Filter Plant
Improvements - Phase I. t
(For full text of Ordinance, see Ordinance Book No. 54,
page 229.)
Mr. McCadden moved the adoption of Ordinance No.
31612-080993. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
NAYS: None
White, Bowles,
6.
(Vice-Mayor Fitzpatrick was absent.)
¢
PURCHASE/SALE OF ._PROPERTY-EASEMENTS-APPALACHIAN
POWER COMPANY-NORFOLK SOUTHERN CORPORATION-UTILITIES-
ROANOKE GAS COMPANY-WATER RESOURCES: Ordinance No. 31613
providing for acquisition of certain real estate needed
by the City for construction of Carvins Cove Filter Plant
Improvements, Phase I and II, having previously been
before the Council for its first reading on Monday,
July 26, 1993, read and adopted on its first reading and
laid over, was again before the body.
The City Attorney advised of the need to amend
Ordinance No. 31613 to include the emergency clause in
order for the measure to become effective immediately and
allow for acquisition of. the property in an expeditious
manner; whereupon, Mr. Musser moved that Ordinance No.
31613 be amended to include the emergency clause. The
motion was seconded by Mrs. Bowles and adopted.
I
I
ACTION:
625
Mr. Musser offered the following emergency ordinance
as amended:
(#31613-080993) AN ORDINANCE providing for
acquisition of real estate needed by the City for
construction of the Carvins Cove Filter Plant
Improvements, Phase I and II; authorizing the City
Manager to enter into permits and agreements needed by
the City for the Carvins Cove Filter Plant Improvements,
Phase I and II; authorizing the City Manager to fix a
certain limit on the consideration to be offered by the
City; 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; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 54,
page 230.)
Mr. Musser moved the adoption of Ordinance No.
31613-080993, as amended. The motion was seconded by
Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, White,
Harvey, McCadden and Mayor Bowers
Bowles,
6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-CONSULTANTS REPORTS-WATER RESOURCES:
Ordinance No. 31614 amending and reordaining certain
sections of the 1993-94 Water Fund Appropriations,
providing for the transfer of $253,000.00 from Water
Plant Expansion - Bonds '92 to Falling Creek Finished
Water Reservoir, in connection with award of a contract
to Hammond-Mitchell, Inc., for construction of the
Falling Creek Finished Water Reservoir, having previously
been before the Council for its first reading on Monday,
July 26, 1993, read and adopted on its first reading and
laid over, was again before the body, Mr. McCadden
offering the following for its second reading and final
adoption:
(#31614-080993) AN ORDINANCE amending and
reordaining certain sections of the 1993-94 Water Fund
Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 232.)
626
ACTION:
ACTION:
Mr. McCadden moved the adoption of Ordinance No.
31614-080993. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
;
AYES: Council Members Musser, White, Bowles,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None -0.
(Vice-Mayor Fitzpatrick was absent.)
CONSULTANTS REPORTS-WATER RESOURCES: Ordinance No.
31615 accepting the bid of Hammond-Mitchell, Inc., for
construction of the Falling Creek Finished Water
Reservoir, upon certain terms and conditions, and
rejecting all other bids made to the City for the work,
having previously been before the Council for its first
reading on Monday, July 26, 1993, read and adopted on its
first reading and laid over, was again before the body,
Mr. McCadden offering the following for its second
reading and final adoption:
(#31615-080993) AN ORDINANCE accepting the bid of
Hammond-Mitchell, Inc., for construction of the Falling
Creek Finished Water Reservoir, 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 Ordinance, see Ordinance Book No. 54,
page 233.)
Mr. McCadden moved the adoption of Ordinance No.
31615-080993. The motion was seconded by Mrs. Bowles and
adopted by the following'vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
White, Bowles,
6.
NAYS: None 0.
(Vice-Mayor Fitzpatrick.was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None. ~
OTHER HEARINGS OF ~ITIZENS:
ACTXON=
627
STREETS AND ALLEYS-PLANNING-SIGNALSANDALARMS-STATE
HIGHWAYS-VIRGINIA TECH-TRAFFIC-COMPLAINTS-HOTEL ROANOKE
CONFERENCE CENTER: Ms. Helen E. Davis, 35 Patton Avenue,
N. E., expressed concern that then the City issues
statements concerning the Gainsboro area, it does not
list specific names of individuals which, in turn, causes
confusion among Gainsboro residents. She advised that
people have the right to disagree, but they need to stand
and be accountable for their statements. She stated that
admission of an error is a sign of strength, not
weakness, and the City should slow down and take its time
before authorizing the construction of two four lane
roadways through the Gainsboro con~unity. She stated
that it is a sad day for the City of Roanoke, and
expressed disappointment in the Members of City Council
for their action with regard to historic Gainsboro.
Without objection by Council, the Mayor requested
that a copy of Ms. Davis' remarks be referred to the City
Manager for consideration.
At this point, 9:15 p.m., Vice-Mayor Fitzpatrick
entered the meeting.
COMPLAINTS-STREETS AND ALLEYS-TRAFFIC: Ms.
Evelyn D. Bethel, 35 Patton Avenue, N. E., addressed the
issue of closing streets in the Gainsboro area without
proper notice to residents. She referred specifically to
recent situations involving the closing of Wells Avenue
and First Street, N. E. She referred to the proposed
closing of the Fifth Street Bridge for repairs for
approximately seven to eight months which has not been
publicized on the cable access television channel, even
though announcements have consistently appeared with
regard to the partial closing of Elm Avenue, as well as
shaffers Crossing. Inasmuch as there has been no notice
about the closure of the Fifth Street Bridge, Ms. Bethel
stated that it appears that each Member of City Council
shares in the continuing saga of both actual and benign
abuse of Roanoke's oldest and most historic
neighborhood -- Gainsboro~/-- -'-
At 9:20 p.m., the Mayor declared the meeting in
recess.
At 10:50 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
628
ACTION:
ACTION:
ACTION:
(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 hea~ !, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None
COMMITTEES-HOUSING/AUTHORITY: The Mayor advised
that the four year term of Ronald O. Crawford as a
Commissioner of the City of Roanoke Redevelopment and
Housing Authority will expire on August 31, 1993, and
called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of
Ronald 0. Crawford.
There being no further nominations, Mr. Crawford was
reelected as a Commissioner of the City of Roanoke
Redevelopment and Rousing Authority, for a term of four
years, ending August 31, 1997, by the following vote:
FOR MR.
White, Bowles,
Mayor Bowers
CRAWFORD:
Fitzpatrick,
Council Members Musser,
Harvey, McCadden and
COMMITTEES-ROANOKE .ARTS COMMISSION: The Mayor
advised that there is a vacancy on the Roanoke Arts
Commission, created by the death of Kemper A. Dobbins,
and called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Mrs.
Leonard A. Muse.
There being no further nominations, Mrs. Muse was
elected as a member of the Roanoke Arts Co~ission for a
term ending June 30, 1994, by the following vote:
FOR MRS. MUSE: Council Members Musser,
White, Bowles, Fitzpatrick, Harvey, McCadden and
Mayor Bowers ................ 7.
Inasmuch as Mrs. Muse is not a resident of the City
of Roanoke, Mrs. Bowles moved that the City residency
requirement for persons~serving on authorities, boards,
commissions and committees appointed by the Council be
ACTION:
ACTION:
ACTION=
629
waived in this specific instance. The motion was
seconded by Mr. Musser and unanimously adopted.
COMMITTEES-YOUTH: The Mayor advised that there is
a vacancy on the Youth Services Citizen Board, created by
the resignation of Anita J. Hammerstrom, and called for
nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of
J. Mason Powell.
There being no further nominations, Mr. Powell was
elected as a member of the Youth Services Citizen Board
for a term ending May 31, 1996, by the following vote:
FOR MR. POWELL: Council Members Musser,
White, Bowles, Fitzpatrick, Harvey, McCadden and
Mayor Bowers .... ' ...... 7.
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The
Mayor advised that there is a vacancy on the Roanoke
Neighborhood Partnership Steering Committee, created by
the resignation of William J. Rand, III, and called for
nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of
J. Mason Powell.
There being no further nominations, Mr. Powell was
elected as a member of the Roanoke Neighborhood
Partnership Steering Committee for a te~ ending
November 8, 1995, by the following vote:
FOR MR. POWELL: Council Members Musser,
White, Bowles, Fitzpatrick, Harvey, McCadden and
Mayor Bowers- - ..... 7.
COMMITTEES-LIBRARIES: The Mayor advised that there
is a vacancy on the Roanoke Public Library Board, created
by the resignation of Elizabeth B. Watts, and called for
nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of
Roland H. Macher.
There being no further nominations, Mr. Mather was
elected as a member of the Roanoke Public Library Board
for a term ending June 30, 1996, by the following vote:
FOR MR. MACHE~: Council Members Musser,
White, Bowles, Fitzpatrick, Harvey, McCadden and
Mayor Bowers ...... 7.
63O
CONVENTION AND VISITORS BUREAU-COMMITTEES-HOTEL
ROANOKE CONFERENCE CENTER: Mr. Harvey offered the
following resolution:
(#31647-080993) A RESOLUTION authorizing the
agreement with the Roanoke Valley Convention and
Visitor's Bureau to provide that the designee of the
Chairman of the Hotel Roanoke Conference Center
Commission may serve on the Board of Director's of the
Roanoke Valley Convention and Visitors Bureau.
ACTION:
(For full text of Resolution, see Resolution Book No. 55,
page 261.)
Mr. Harvey moved the adoption of Resolution No.
31647-080993. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None
There being no further business, the Mayor declared the
meeting adjourned at 10:55 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
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Ilt~ A"TR[L~T A? CAPITOL. 5QUAI~E., I~ICH~IOND, VA ~1~..~4tl
1
SPECIAL SESSION
ROANOKE CITY COUNCIL
August 23, 1993
11:00 a.m.
The Council of the City of Roanoke met in special session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, August 23,
1993, at 11:00 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 August 20, 1993, with Mayor David A. Bowers
presiding.
PRESENT: Council Members Elizabeth T. Bowles,
Harvey, II, Delvis O. McCadden, William White, Sr.,
David A. Bowers
James G.
and Mayor
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr., and Council
Member Howard E. Musser ..... 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wllburn C. Dibling, Jr., City
Attorney; James D. Grisso, Acting Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
FRANCHISES-COUNCIL: The Mayor referred to the
following communication calling the special meeting of
Council:
"August 20, 1993
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to 910 of the Roanoke City Charter, I am calling
a Special Meeting of the Council of the City of Roanoke
at 11:00 a.m., on Monday, August 23, 1993, in the City
Council Chamber. The purpose of the meeting will be to
1
SPECIAL SESSION
ROANOKE CITY COUNCIL
August 23, 1993
11:00 a.m.
The Council of the City of Roanoke met in special session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, August 23,
1993, at 11:00 a.m., pursuant to Section 10, Meetinqs of Council,
of the Roanoke City Charter; and pursuant to a communication from
the Mayor under date of August 20, 1993, with Mayor David A. Bowers
presiding.
PRESENT: Council
Harvey, II, Delvis O.
David A. Bowers
Members Elizabeth T. Bowles, James G.
McCadden, William White, Sr., and Mayor
'5,
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr., and Council
Member Howard E. Musser ....................... 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Rltchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Acting Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
FRANCHISES-COUNCIL: The Mayor referred to the
following communication calling the special meeting of
Council:
"August 20, 1993
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Sl0 of the Roanoke City Charter, I am calling
a Special Meeting of the Council of the City of Roanoke
at 11:00 a.m., on Monday, August 23, 1993, in the City
Council Chamber. The purpose of the meeting will be to
ACTION:
ACTION:
discuss in Executive Session specific legal matters
requiring the provision of legal advice by counsel, being
the terms and conditions of a new gas franchise, pursuant
to Section 2.1-344(A)(7) of the Code of Virginia (1950),
as amended.
It is not anticipated that any action will be taken by
Council following the Executive Session.
Sincerely,
S/David A. Bowers
David A. Bowers
Mayor"
(See communication on file in the City Clerk's Office.)
Mrs. Bowles 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 new gas franchise, pursuant to Section
2.1-344 (A)(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, McCadden,
Musser, White and Mayor Bowers--- 6.
NAYS: None -0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
At 11:07 a.m., the Mayor declared the meeting in
recess.
At 12:13 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Vice-
Mayor Fitzpatrick and Council Member Musser.
COUNCIL-FRANCHISES: With respect to the Executive
Session Just concluded, Mr. McCadden 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
3
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, McCadden,
White and Mayor Bowers- 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
There being no further business, the Mayor declared the
special meeting adjourned at 12:15 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
August 23, 1993
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, August 23,
1993, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetinqs, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members William White Sr., Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Delvis O.
McCadden and Mayor David A. Bowers 6.
ABSENT: Council Member Howard E. Musser .....
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wllburn C. Dlbling, Jr., City
Attorney; James D. Grisso, Acting Director of Finance; and Mary F.
Parker, City Clerk.
The Mayor called for a moment of silent prayer for the speedy
recovery of Council Member Musser who recently suffered a stroke.
The meeting was opened with a prayer by The Reverend
Richard L. McNutt, Pastor, Melrose United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
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 vacancies on various authorities,
boards, commissions and committees appointed by Council;
a personnel matter, being the appointment of a specific
public officer; legal matters requiring the provision of
5
ACTION
ACTION
legal advice by counsel, being the terms and conditions
of the 1972 Sewage Treatment Plant Agreement; and legal
matters requiring the provision of legal advice by
counsel.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
COUNCIL: A communication from ¥ice-Mayor Beverly T.
Fitzpatrick, Jr., Chairperson, Roanoke City Council
Personnel Committee, requesting that Council meet 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.
(For full text, see communication 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 Virgi~lia (1950), as amended. The motioR
was seconded by Mr. Harvey and adopted by the following
vote:
ACTION=
ACTION=
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None' -0.
(Council Member Musser was absent.)
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss
specific legal matters requiring the provision of legal
advice by counsel, being the terms and conditions of the
1972 Sewage Treatment Plant 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.)
Mrs. Bowles 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 the 1972 Sewage Treatment Plant Agreement, pursuant to
Section 2.1-344 (A)(7), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
COUNCIL: A report, of the City Manager requesting
that Council meet in Executive Session to discuss
specific legal matters requiring the provision of legal
advice by counsel, being the terms and conditions of a
new gas franchise, 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 matters requiring the provision of
legal advice by counsel, being the terms and conditions
7
ACTION:
of a new gas franchise, pursuant to Section 2.1-344
(A)(7), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers--- 6.
NAYS: None 0.
(Council Member Musser was absent.)
PARKS AND RECREATION-STATE HIGHWAYS-FIFTH PLANNING
DISTRICT COMMISSION-TOURISM-ECONOMIC DEVELOPMENT: A
communication from Mayor David A. Bowers transmitting a
communication from Howard C. Packett, Chairperson of the
Fifth Planning District Commission, with regard to
establishment of a low-bank travel radio system for the
Roanoke Valley, particularly along Interstate 81 and the
Blue Ridge Parkway, was before Council.
The Mayor advised that due to the considerable
number of persons travelling on the Parkway and
Interstate 81 daily, it is necessary for the City to make
every effort possible to lure tourists into the City in
order to visit the City Market, the Transportation
Museum, Mill Mountain Park, and many other tourist
attractions in the area; that this could be accomplished
by enhanced signage along the Interstate provided by the
Virginia Department of Transportation, and along the
Parkway provided by the Parkway Administration; and the
concept of low-band travel radio would be another idea
that would enhance the City's ability to provide
information to travellers which would encourage them to
come off the Interstate and the Parkway into the Roanoke
Valley.
(For full text, see communications on file in the City
Clerk's Office.)
Mrs. Bowles moved that the matter be referred to the
City Manager for review, report and recommendation to
Council by November 1, 1993. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers- 6.
NAYS: None O.
(Council Member Musser was absent.)
8
ROANOKE CIVIC CENTER: A communication from
Vernon M. Danielsen, Chairperson, Roanoke Civic Center
Commission, with regard to the parking and traffic
situation at the Roanoke Civic Center, was before
Council.
Mr. Danielsen advised that graduation ceremonies in
1993 for Northside and William Byrd High Schools were
held at the same time as a major convention of the
Jehovah's Witnesses (between 9,000 and lC,000 persons in
attendance) which had been scheduled for five years; that
graduation ceremonies were held on a Friday afternoon
when all overflow parking facilities were in use by
business people and patrons of downtown Roanoke which
substantially reduced the capacity of available parking
off the Civic Center site; and certain other problems
were encountered such as insufficient notification to and
coordination with County Schools, school buses were used
instead of Valley Metro buses, and parents were not
notified of the situation.
It was further advised that in the future, Civic
Center staff will attempt to schedule Roanoke County
graduation ceremonies at times other than in conflict
with major events, within the constraints of requirements
of the County Schools, and County schools will be
informed of the circumstances surrounding the chosen date
and establish better coordination; and effective June 15,
1993, the following procedures were established:
Address specific requirements of
each event, which includes parking
and shuttle bus requirements, in the
regularly scheduled staff meeting
two weeks in advance of events,
rather than one week as was the case
in the past.
Notify clients of the Civic Center
if there are other events scheduled
at the same time so they will be
aware of potential difficulties.
Add shuttle bus parking requirements
to the checklist of items to be
coordinated for every event as
applicable.
Mr. Danielsen called attention to the need for
substantial changes in the basic structure of the method
of providing parking for patrons of the Civic Center, and
9
ACTION:
ACTION:
in the near future, the City Center Commission will
present a recommendation for a long-term solution which
does not involve procedures and coordination, but changes
to the physical plant and traffic flow.
(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:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
FRANCHISES-ROANOKE GAS COMPANY: William B. Poff,
Attorney, representing Roanoke Gas Company, having
previously requested the opportunity to address Council
with regard to the proposed acquisition of Roanoke Gas
Company assets by the City, the matter was before the
body.
A report of the City Manager advising that the
Franchise Agreement between the City and Roanoke Gas
Company dated August 27, 1973, will terminate at midnight
on August 30, 1993; that in order to permit additional
time for negotiation of a new franchise, including a fair
and reasonable franchise fee for Roanoke Gas Company's
use of the public right~of-way, it is recommended that
the current franchise be extended for a period of 180
days from midnight on August 30, 1993; and he is advised
that Frank A. Farmer, Jr., President and Chief Executive
Officer, Roanoke Gas Company, has agreed in writing to
extension of the Franchise between the City and the
Company, upon terms and conditions stated in an ordinance
which is presently before the Council.
(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:
10
(#31648) AN ORDINANCE extending the franchise
between the City of Roanoke and Roanoke Gas Company,
dated August 27, 1973, for a term of one hundred eighty
(180) days; and providing for an effective date for this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 54,
page 305.)
The motion was seconded by Mr. Fitzpatrick.
A communication from Frank A. Farmer, Jr., President
and Chief Executive Office, Roanoke Gas Company,
confirming an agreement that the Franchise Agreement
between the City and the Gas Company dated August 27,
1993, shall be extended for a term of 180 days from
midnight on August 30, 1993, upon the same terms and
conditions, except that Section 8 of said Agreement shall
be deleted, and advising that he was authorized to enter
into the agreement by the Board of Directors of Roanoke
Gas Company, was before Council.
The Mayor inquired if there were persons present who
would like to address Council in connection with the
matter; whereupon, the following persons requested to be
heard:
Mr. Ernest E. Binder, 503 Wingfield Avenue, S. W.,
advised that in view of past events, citizens cannot
depend upon City Council to protect their interests
because it has become apparent that City Council has lent
itself to gross manipulation by its staff in blindly
certifying and accepting at face value any and all
information presented by City staff. He suggested that
a mild approach be used on the gas franchise fee
negotiation in the range~of $40,000.00 which would not be
unreasonable, and further suggested that the money be
allocated toward increased street opening inspection
costs and City Administration costs for gas utility
matters.
Mr. Paul M. Holt, 310 Washington Avenue, S. W.,
inquired if six months from now the City will engage in
another takeover operation. He requested that City
Council look out for the best interests of the citizens
of Roanoke and not special interest groups.
Mr. Walter E. Long, 1744 Deyerle Road, S. W.,
expressed concern with regard to the City utility tax on
his gas bill.
11
Mr. Thomas Goodwin, 328 Dale Avenue, S. E.,
commended Council for daring to take on the gas company
and for trying to save money from State and Federal
taxes. He explained that Council simply wanted to engage
in a study, and after all information was received as to
how other localities handle the matter, a determination
would then be made as to whether it would be advantageous
for the City to operate the gas company.
Ms. Ruth C. Blasiole, 2427 Windsor Avenue, S. W.,
advised that she has been a customer of Roanoke Gas
Company for 30 years and commended the Gas Company on the
quality of service it renders.
The Reverend Charles T. Green, 1731 Hanover Avenue,
N. W., requested that Council involve the community be
more involved in decisionmaking, and advised that
citizens do not appreciate back room decisions made by
City Council.
Mr. Henry H. Craighead, 1625 Orange Avenue, N. W.,
expressed opposition to the City taking over Roanoke Gas
Company.
No other person wishing to be heard on the matter,
Ordinance No. 31648 was adopted, on its first reading, by
the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers ..... 6.
NAYS: None 0.
(Council Member Musser was absent.)
(Numerous communications and petitions are on file in the
City Clerk's Office with regard to the issue.)
PETITIONS AND COMMUNICATIONS:
BUDGET-COMMONWEALTH's ATTORNEY-GRANTS-VICTIM/
WITNESS/JUROR PROGRAM: A communication from the
Honorable Donald S. Caldwell, Commonwealth's Attorney,
with regard to acceptance of a Victim/Witness/Juror
Assistance Program Grant, was before Council.
It was advised that the Victim/Witness/Juror 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; and
the Victim/Witness Assistance Program has been awarded a
12
ACTION:
12 month grant, No. 93-A8258, in the amount of
$36,799.00, for July, 1993 through June, 1994, which will
be matched by a local cash match of $20,027.00, for a
total grant budget of $56,826.00.
The Commonwealth's Attorney recommended that Council
authorize acceptance of and participation in the
Department of Criminal Justice Services, Grant No. 93-
A8258, for the Victim/Witness/Juror Assistance Program,
in the amount of $36,799.00, with the City providing a
local cash match of $20,027.00 from funds appropriated to
fiscal year 1993-94 budget of the Commonwealth's
Attorney; that the City Manager be authorized to execute
all appropriate documents to obtain said grant; and that
$36,799.00 be appropriated in state grant funds and
$20,027.00 be transferred in local matching funds from
General Fund Account No. 001-026-2210-3165 to the Grant
Fund, and establish a corresponding revenue estimate in
accounts to be established by the Acting Director of
Finance.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31649-082393) AN.ORDINANCE to amend and reordain
certain sections of, the 1993-94 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 250.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31649-082393. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers
NAYS: None-
(Council Member Musser was absent. )
Mr. Fitzpatrick offered the following resolution:
(#31650-082393) A RESOLUTION authorizing the
acceptance of Grant No. 93-A8258 made to the City of
Roanoke by the State Department of Criminal Justice
Services for a Victim/Witness/Juror Assistance Program
13
ACTION:
and authorizing the execution and filing by the City
Manager of the conditions of the grant and other grant
documents.
(For full text of Resolution, see Resolution Book No. 55,
page 261.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31650-082393. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
BUDGET-DRUGS/SUBSTANCE ABUSE-COMMONWEALTH'S
ATTORNEY-GRANTS: A communication from the Honorable
Donald S. Caldwell, Commonwealth's Attorney, in
connection with acceptance of a Multi-Jurisdictional
Special Drug Prosecutor Grant from the Commonwealth of
Virginia, 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 state-wide; that the positions were developed
to coordinate prosecutorial efforts among independent
Jurisdictions, reduce fractional and duplicate
prosecutions, enhance the recovery of criminal assets,
utilize federal, state and local resources to assure
maximum prosecutorial .effectiveness and to provide
specialized prosecutorial resources to the regional drug
enforcement effort, was before Council.
It was further advised that on July 12, 1993, the
Commonwealth's Attorneys' Services Council notified
certain Commonwealth's Attorneys that this region's Grant
Application was renewed,~in the amount of $84,594.00, for
the period from July 1, 1993 through June 30, 1994.
The Commonwealth's Attorney recommended that Council
approve the following actions:
accept the Multi-Jurisdictional Special Drug
Prosecutor Grant No. 93-A8219, in the amount
of $84,594.00, for the period July 1, 1993
through June 30, 1994;
14
ACTION=
ACTION:
authorize the City Manager to sign and execute
all appropriate documents to obtain said
grant; and
appropriate $84,594.00 for the Multi-
Jurisdictional Special Drug Prosecutor and
establish a corresponding revenue estimate in
accounts to be established by the Acting
Director of Finance in the Grant Fund.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance: ~
(#31651-082393) AN ORDINANCE to amend and reordain
certain sections of-. the 1993-94 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 262.)
Mr. White moved the adoption of Ordinance No. 31651-
082393. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers ---6.
NAYS: None 0.
(Council Member Musser was absent.)
Mr. White offered the following resolution:
(#31652-082393) 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. 55,
page 2~3.)
Mr. White moved the adoption of Resolution No.
31652-082393. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
15
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers -6.
NAYS: None. 0.
(Council Member Musser was absent.)
BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS-CITY JAIL: A
communication from the Honorable Donald S. Caldwell,
Commonwealth's Attorney, advising that the Appropriations
Act approved by the Virginia General Assembly during its
1989 regular session authorized the Department of
Criminal Justice Services to expend grant funds for
establishment of pre-trial diversion of select Jailable
offenses; that the Commonwealth's Attorney, in
cooperation with the Circuit, General District and
Juvenile & Domestic Relations Courts, established a
program in 1990 under the administration of the Court
Community Corrections Program; and a local cash match
will be required once again in fiscal year 1993-94 in
order to ensure continuation of the program, was before
Council.
It was explained that goals of the Pre-Trial Service
Program are as follows:
to improve the efficiency and effectiveness of
the General District Court through pre-trial
diversion and release of select non-violent
offenders as an alternative to prosecution or
conviction;
to reduce the demands placed upon City Courts
and Jail through the release and diversion of
select non-violent,r offenders charged with
jailable offenses as an alternative to
prosecution; and
to improve the efficiency and effectiveness of
the Circuit, General District and Juvenile &
Domestic Relations Courts through the release
and diversion of select non-violent, jallable,
offenses as alternatives to conviction.
The Cosmmonwealth's Attorney advised that the
Appropriation Act authorizes the Department of Criminal
Justice Services to continue funding for the Roanoke City
Pre-Trial Services Program, in the amount of $70,680.00,
with $53,010.00 in funds provided by the Department of
Criminal Justice Services, and $17,670.00 In local cash
16
ACTION=
match provided by the City; that a Statement of Grant
Award/Acceptance, in the amount of $70,680.00, has been
prepared for submission to the Department of Criminal
Justice Services by the Commonwealth's Attorney, who will
administer the Program; and approval by Council is
necessary in order to submit the prepared Statement of
Grant Award/Acceptance to the Department of Criminal
Justice Services for review and approval.
The Commonwealth's Attorney recommended that Council
authorize the City Manager to execute and submit the
Statement of Grant Award and Acceptance of Special
Conditions to the Department of Criminal Justice Services
for continuation of the Roanoke City Pre-Trial Services
Program under the aegis of the Roanoke City
Commonwealth's Attorney; that Council appropriate
$53,010.00 of state funds to accounts to be established
in the Grant Fund and transfer local funds of $17,670.00
from General Fund, Account No. 001-004-9310-9535, to the
Grant Fund; and authorize the Acting Director of Finance
to establish a revenue estimate for the total amount of
$70,680.00 in the Grant.Fund.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31653-082393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 264.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31653-082393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
Mr. Fitzpatrick offered the following resolution:
17
ACTION=
(#31654-082393) A RESOLUTION authorizing execution
of a Statement of Grant Award and Acceptance of Special
Conditions in connection with continuation of the Roanoke
City Pre-Trial Services Program.
(For full text of Resolution, see Resolution Book No. 55,
page 265.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31654-082393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None- 0.
(Council Member Musser was absent.)
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of funds to
the following school accounts, was before Council.
Grant No. 6302
$3,599,943.00 for the Magnet
School Program for 1993-94 at
William Fleming High School and
Ruffner Middle School. The
Program will be 100 per cent
reimbursed by Federal funds.
Grant No. 6303 -
$39,332.00 for the PRAISE For
Girls Program for 1993-94 to
provide for the involvement and
increase of females, especially
minority females, in studies
and career fields related to
mathematics, science, and
technology. The Program will
be 100 per cent reimbursed by
Federal funds.
Grant No. 6911 -
$226,828.00 for the Roanoke
Adolescent Health Partnership
to provide for medical services
to the Roanoke City Schools in
conjunction with Carilion
Health Systems. The Program
expenses will be reimbursed by
Carilion Health Services.
18
ACTION:
Grant No. 6912 -
'.-$300,000.00 for the one-year
pilot Regional Alternative
Education program to provide
· model alternative curriculum
and training for high risk
youth with a focus on improving
the total self-concept of the
student. The Program will be
reimbursed by State funds.
A report of the Acting Director of Finance
recommending that Council concur in the request of the
School Board, was also before the body.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31655-082393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 School Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 266.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31655-082393. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None. ~.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FIRE DEPARTMENT-EMERGENCY SERVICES GRANTS-
EQUIPMENT: The City Manager submitted a written report
advising that on July 27, 1992, the Roanoke City Fire
Department submitted a report to Council recommending
that the City enter into an agreement with the Virginia
AC?ION:
Department of Emergency Services for the City to provide,
along with the City of Salem, a Level III Regional
Response Team, and Council concurred in the
recommendation and authorized the City Manager to enter
into an agreement; that on July 27, 1992, the City
Manager and the State Coordinator of Emergency Services
entered into said agreement, which is effective until
June 30, 1994, unless terminated upon 30 days notice by
either party; that according to the executed agreement,
the City, as well as all localities participating in the
regional response team will receive "pass-through
funding" to assist with the purchase of equipment to be
used by the Regional Hazardous Materials Response Team;
that pass-through funding, in the amount of $15,000.00,
has been received by the City and deposited in Revenue
Account No. 035-035-1234-7067; and the City of Roanoke
and the City of Salem will coordinate purchase of
equipment in order to avoid duplication of expensive
equipment and allow for compatibility of equipment
purchased.
The City Manager recommended that Council accept the
Hazardous Materials Regional Response Team Grant, in the
amount of $15,000.00, for the purpose of providing funds
for the purchase of specialized equipment; and that
$15,000.00 be appropriated to Other Equipment under the
Hazardous Materials Response Team Grant in Grant Fund
Account No. 035-050-3220-9015.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31656-082393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 269.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31656-082393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
20
ACTION:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers
NAYS: None -0.
(Council Member Musser was absent.)
Mr. Fitzpatrick offered the following resolution:
(#31657-082393) 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 equipment for the Hazardous Materials
Regional Response Team and authorizing the acceptance,
execution and filing of all appropriate documents to
obtain such a grant.
(For full text of Resolution, see Resolution Book No. 55,
page 270.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31657-082393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None-- 0.
(Council Member Musser was absent. )
SALVATION ARMY-HUMANDEVELOPMENT: The City Manager
submitted a written report advising that The Salvation
Army applied, through the Citizens Services Committee,
for City funds, as follows:
$16,500.00 to operate a program for the homeless
$21,000.00 to operate a shelter for battered women.
It was further advised that the City Attorney,
through written opinion dated April 23, 1986, stated that
the City may contract with The Salvation Army, a church,
or sectarian institutioh, 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
$22,600.00 for fiscal y~ar 1993-94 to be used for either
21
ACTION:
program, and Council concurred in the recommendation; and
The Salvation Army has requested that the $22,600.00 be
divided between the Abused Women's Program and the
Homeless Program, as follows:
$12,600.00 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, in a
form to be 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 resolution:
(#31658-082393) A RESOLUTION 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.
(For full text of Resolution, see Resolution Book No. 55,
page 271.)
Mrs. Bowles moved the adoption of Resolution No.
31658-082393. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
BUDGET-GRANTS-FDETC-TOTAL ACTION AGAINST POVERTY:
The City Manager submitted a written report with regard
to funding for the Fifth District Employment and Training
Consortium, advising that the Consortium submitted its
Implementation Strategy for program year 1994 Title II-A
Adult and Title II-C Youth programs in July 1993; that
the Consortium submitted application to the Virginia
Employment Commission (VEC) for program year 1994
Economic Dislocated Worker Adjustment Act 40 per cent
Regional Projects; that jurisdictions in the Fifth
Planning District, which include the Cities of Roanoke,
Salem, Clifton Forge, and Covington, as well as the
Counties of Roanoke, Allegheny, Botetourt, and Craig,
were requested to contribute funds to offset the agency's
administrative deficit; that the City of Roanoke has
allocated funds from the.Department of Human Development
to assist with costs incurred for the Summer Food Service
Program; and the City of Roanoke serves as grant
recipient for FDETC funding and it is necessary for
Council to appropriate funds for all grants received by
the Consortium.
It was further advised that the Governor's
Employment and Training Department (GETD) sent the
Consortium Notice of Award No. 94-03-01, in the amount of
$519,483.00, in Title II-A funding for program year 1993;
that the GETD forwarded.the Consortium Notice of Award
No. 94-03-02, in the amount of $343,505.00, in Title II-C
funding for program year 1993; that the Virginia
Employment Commission awarded the Consortium $250,000.00
in Title III 40 per cent funding per agreement No. GRP-
93-5-3; that Jurisdictions in the Fifth Planning District
were asked to contribute $11,018.00 in order to offset a
portion of the Consortium's administrative costs; that
date, allocations totalling $8,576.00 have been confirmed
from five of the participating Jurisdictions; that the
City of Roanoke has allocated $12,330.00 per the to
fiscal year 1994 adopted budget in Human Development
funding to assist the Consortium with operation of the
Summer Food Service Program; and funding for the
Consortium totals $1,133,894.00 for the year commencing
July 1, 1993, from all confirmed sources.
The City Manager recommended that Council
appropriate Fifth District Employment and Training
Consortium funding, in the amount of $1,133,894.00, and
increase the revenue estimate by $1,133,894.00 in
accounts to be established by the Acting Director of
Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31659-082393) AN O~DINANCE to amend and reordain
certain sections of the 1993-94 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 272.)
ACTION:
ACTION=
Mr. Harvey moved the adoption of Ordinance No.
31659-082393. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers .... 6.
NAYS: None---
(Council Member Musser was absent.)
BUDGET-GRANTS-FDETC-YOUTH: The City Manager
submitted a written report advising that the Governor's
Employment and Training Department (GETD) allocated
additional Title II-B funds to the Fifth District
Employment and Training Consortium which will provide
additional training and support for the Summer Youth
Employment Program; that the City of Roanoke serves as
grant recipient for FDETC funding, and it is necessary
for Council to appropriate funding for all grants
received by the Consortium; that the Governor's
Employment and Training Department forwarded the
Consortium Notice of Award No. 93-03-11, in the amount of
$113,615.00, in Title II-B for program year 1992; and
immediate distribution of additional Title II-B funds is
necessary in order to meet Federal requirements.
The City Manager recommended that Council
appropriate the Fifth District Employment and Training
Consortium funding for. Title II-B, in the amount of
$113,615.00, and increase the revenue estimate by
$113,615.00 in accounts to be established by the Acting
Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31660-082393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 277.)
Mr. Harvey moved ~the adoption of Ordinance No.
31660-082393. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
BUDGET-TAXES-NEIGHBORHOOD ORGANIZATIONS-SPECIAL
PERMITS-WRABA-ECONOMIC DEVELOPMENT: The City Manager
submitted a written report advising that the Williamson
Road Area Service District was established on May 24,
1993, pursuant to Ordinance No. 31472-052493, effective
July 1, 1993; that an agreement between the Williamson
Road Area Business Association (WRABA) and the City was
authorized, pursuant to Ordinance No. 31473-051793,
adopted by Council on May 17, 1993; that $49,035.00 is
estimated by the Acting Director of Finance to be
generated from the additional $.10 in real estate taxes
to be levied against properties in the Wllliamson Road
Area Service District; that additional governmental
services, including but not limited to, economic and
business development, promotional activities, business
and developer recruitment and beautification are to be
funded with the special tax; and the Williamson Road Area
Business Association has performed a number of the
abovestated general services in Roanoke for several years
and was instrumental in making the case to Williamson
Road landowners as to the need for this type of funding.
It was further advised that the Williamson Road Area
Business Association has submitted a budget and a work
plan which was approved by the City Manager on August 10,
1993, however, funds have not been appropriated.
The City Manager recommended that Council
appropriate $45,054.00 and $981.00, respectively, to an
account to be established for payment to the Williamson
Road Area Service District and to the General Fund
Contingency, Account No. 001-002-9410-2199, with a
corresponding revenue .estimate, in the amount of
$49,035.00.
(For full text, see report on file in the City Clerk's
Office.)
o
Mrs. Bowles offered the following emergency budget
ordinance:
25
ACTION:
(#31661-082393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 278.)
Mrs-. Bowles moved the adoption of Ordinance No.
31661-082393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None -0.
(Council Member Musser was absent.)
BUDGET-LIBRARIES-EQUIPMENT: The City Manager
submitted a written report advising that the Roanoke Area
Automated Library System has been operational for three
years; that the system serves Roanoke City, Roanoke
County and the City of Salem under a cost sharing
agreement; that expanded use has resulted in the need for
additional data storage; that Roanoke County and the City
of Salem have agreed to share in the cost of this
procurement; that a new tape and disk drive will provide
the needed storage capacity to continue to operate and
expand the system; and specifications were developed, in
addition to a request for quotation, which were forwarded
to nine vendors currently listed on the City's bid list
for this type of service.
It was further advised that specifications requested
a new Cartridge Tape Subsystem, a new disk drive and
installation services; that two bids were received,
however, following evaluation in a consistent manner by
representatives of Roanoke City, Roanoke County and the
City of Salem, only one bid was determined to be
responsive, as submitted by Data Research Associates,
Inc.
The City Manager recommended that Council accept the
bid of Data Research Associates, Inc., in the amount of
$28,826.93, for the purchase of computer hardware and
installation services; that $28,826.93 be appropriated to
Other Equipment, Account No. 006-052-1601-9015; and
increase the revenue estimate from Roanoke County and the
City of Salem by $13,548.66 and $3,026.82, respectively,
with the remaining $12,251.45 to be appropriated from
Retained Earnings.
AC?ION:
ACTION=
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget ordinance:
(#31662-082393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 City Information Systems
Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 279.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31662-082393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
Mr. Fitzpatrick offered the following resolution:
(#31663-082393) A RESOLUTION accepting the bid of
Data Research Associates, Inc., for the provision and
installation of computer hardware for the Roanoke Area
Automated Library System, upon certain terms and
conditions, and awarding a contract therefor; authorizing
the proper City officials to execute the requisite
contract; and rejecting the other bid made to the City.
(For full text of Resolution, see Resolution Book No. 55,
page 281.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31663-082393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
27
ACTIONt
BUDGET-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA
TECH: The City Manager submitted a written report
advising that on July 27, 1992, Council authorized
establishment of an Enterprise Fund entitled, "Hotel
Roanoke Conference Center Commission"; that the Virginia
Tech Board of Visitors and the City contributed
$50,000.00, each, for operating costs of the Enterprise
Fund; that the operating budget for the Hotel Roanoke
Conference Center Commission must be approved by Council
and Virginia Tech Board of Visitors, pursuant to Sections
21 B and C of the Hotel Roanoke Conference Center
Commission Act, with operating costs to be evenly
divided; that for the current year, Virginia Tech will
receive credit for two studies it funded in the past;
that the Hotel Roanoke Conference Center Commission
adopted an operating budget for fiscal year 1993-94 at
its meeting on August 3, 1993; and Virginia Tech Board of
Visitors will be requested to approve and contribute to
the budget at its meeting on August 30, 1993.
The City Manager recommended that Council approve
the Hotel Roanoke Conference Center Commission budget, in
the amount of $250,000.00, for fiscal year 1993-94; and
that $123,350.00 be transferred from Account No. 001-004-
9310-9508 to an account to be established by the Acting
Director of Finance entitled, ,,Contribution to the Hotel
Roanoke Conference Center Commission," in order to fund
the City's share of the budget.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31664-082393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 282.)
Mr. Harvey moved the adoption of Ordinance No.
31664-082393. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
28
ACTION:
AYES~ Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers-- -6.
NAYS: None 0.
(Council Member Musser was absent.)
Mr. Harvey offered the following resolution:
(#31665-082393) A RESOLUTION approving the annual
operating budget for the Hotel Roanoke Conference Center
Commission for fiscal year 1993-94, upon certain terms
and conditions.
(For full text of Resolution, see Resolution Book No. 55,
page 283.)
Mr. Harvey moved the adoption of Resolution No.
31665-082393. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
BUDGET-PURCHASE/SALE OF PROPERTY-BONDS/BOND ISSUES-
HOUSING/AUTHORITY-HOTEL ROANOKE CONFERENCE CENTER-
VIRGINIA TECH: The City Manager submitted a written
report advising that on March 22, 1993, Council
appropriated $3 million for the purpose of contracting
with the Roanoke Redevelopment and Housing Authority for
purchase of approximately 4.67 acres of land on the Hotel
Roanoke site from Virginia Tech Real Estate Foundation;
that $2 million is to come from a City Capital account to
be paid at closing, and $1 million will come from
anticipated bond proceeds to be paid at the time the
bonds are sold; that on June 7, 1993, Council authorized
the City Manager to enter into a contract between the
City and the Housing Authority to purchase the
abovedescribed land from Virginia Tech Real Estate
Foundation; that the 4.67 acres of land consists of two
sites, i.e., the parking lot along Williamson Road (2.630
acres) and the site of the conference center along
Jefferson Street (2.049 acres); and on March 22, 1993,
Council appropriated $12.8 million of anticipated bond
proceeds to the Hotel Roanoke Conference Center
Commission Capital account for the purpose of designing
and constructing a conference center.
29
ACTION=
It was further advised that bond counsel has
recommended that the source of funds to purchase the land
be amended; and previous appropriations need to be
adjusted in order to follow the advice of bond counsel.
The City Manager recommended that Council approve
the following actions:
transfer $313,700.00 from Anticipated Bond
Proceeds, Account No. 010-002-9657, to Land
Purchase Account No. 008-002-9656; and
transfer $313,700.00 of capital funds from
Land Purchase Account No. 008-002-9656, to
Anticipated Bond Proceeds, Account No. 010-
002-9657.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31666-082393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Capital and Hotel Roanoke
Conference Center Commission Funds Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 283.)
Mr. Harvey moved the adoption of Ordinance No.
31666-082393. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None ......... 0.
(Council Member Musser was absent.)
BUDGET-HOUSING/AUTHORITY-GRANTS-HOTEL ROANOKE
CONFERENCE CENTER-VIRGINIA TECH-PLANNING: The City
Manager submitted a written report advising that the
Roanoke Redevelopment and Housing Authority administers
a variety of programs for the City under an annual
Contract for Services which expired ob June 30, 1993;
that arrangements for a new contract for fiscal yuar
1993-94 have not been completed; and one program activity
administered by the Housing Authority under the contract
30
is the Downpayment and Closing Cost Assistance Program
which provides grants of Federal funds up to $3,500.00 in
order to enable first-time homebuyers of low-moderate
income to purchase homes within the City.
It was further advised that the Housing Authority
has continued to administer ongoing program activities
which are provided for in the last fiscal year contract
in the absence of a new contract; that the City Attorney
has advised that all program activities and expenditure
of funds by the Housing Authority is without authority in
the absence of a current Contract for Services; that all
Community Development Block Grant (CDBG) funds
appropriated for the Downpayment and Closing Cost
Assistance Program have been used, including the
$102,752.00 appropriated for fiscal year 1993-94; that
the Housing Authority has accepted approximately 46
additional applications for assistance with $150,000.00
of HOME funds in anticipation of the fiscal year 1993-94
Contract for Services; and it has been determined that a
separate contract for services with the Housing Authority
is necessary to cover administration of HOME funds, the
details of which have not been fully negotiated with the
Housing Authority.
It was explained that all perspective homebuyers
having filed applications have entered into sales
contracts and applied for mortgage loans to purchase
their homes; that timing, of closing on the new homes is
critical, inasmuch as sales contracts and mortgage loan
commitments may expire; that extension of the previous
contract with the Housing Authority and allocation of
additional CDBG funds for the Downpayment and Closing
Cost Assistance Program would authorize the Housing
Authority to continue ongoing program activities,
including the Downpayment and Closing Cost Assistance
Program, thereby allowing existing Program applicants to
close on their new homes; and excess CDBG funds are
auailable in the Hotel Roanoke 108 Loan Payment account
since financial closing for the Hotel Roanoke will not
occur until after the first of 1994 which will save
interest charges for several months.
The City Manager recommended that Council authorize
an amendment to the 1992-93 Contract for Services with
the Roanoke Redevelopment and Housing Authority to
provide for the following:
3!
ACTION:
an extension of time for performance of
activities under the contract through
October 15, 1993, or until succeeded by
another Contract for Services, whichever is
earlier; and
the transfer of $120,000.00 of community
Development Block Grant funds from the Hotel
Roanoke 108 Loan Payment, Account No. 035-093-
9330-5135, to the Downpayment and Closing Cost
Assistance Program, Account No. 035-093-9320-
5117.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31667-082393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see ordinance Book No. 55,
page 285.)
Mr. White moved the adoption of Ordinance No. 31667-
082393. The motion was seconded by Mr. Fitzpatrick and
adopted bY the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers ....
NAYS: None---
(Council Member Musser was absent.)
Mr. Jesse Brown, 3626 Laurel Ridge Road, N. W.,
commended the Down Payment and Closing Cost Assistance
Program; however, he advised that it would be
advantageous for the City to hire an individual to serve
as a consultant who would be trained to handle
transactions on a daily basis in order to monitor the
program. He stated that responsibility for the program
is currently being thrust upon City staff or Roanoke
Redevelopment and Housing Authority staff who are not
familiar with real estate closings, i.e., coordination
between attorneys, and sellers, etc.
Mr. Fitzpatrick offered the following resolution:
32
ACTION=
ACTION=
(#31668-082393) A RESOLUTION authorizing execution
of an amendment to the Contract for Services between the
City of Roanoke and the Roanoke Redevelopment and Housing
Authority dated August 28, 1992, providing for the
administration of certain Community Development Block
Grant programs by the Housing Authority.
(For full text of Resolution, see Resolution Book No. 55,
page 286.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31668-082393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers ---6.
NAYS: None.
(Council Member Musser was absent.)
ACTING DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Acting Director of
Finance submitted the financial report for the City of
Roanoke for the month of July, 1993.
(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.
CITY CODE-BINGO/RAFFLES: The Acting Director of
Finance submitted a written report advising that numerous
changes have been made to the Code of Virginia regarding
bingo and raffle operations as a result of 1992 and 1993
legislative sessions, ~nd recommending adoption of an
ordinance amending the City Code which will allow the
Department of Finance to continue to effectively
administer bingo and raffle operations.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinance:
33
ACTION:
(#31669-082393) AN ORDINANCE to amend and reordain
S21-65, Same - Bingo games and raffles conducted under
this article; S21-66, Bingo games and raffles -
definitions; ~21-67, Annual permit required; application
and processing fee; form of application; S21-68,
Requirement of issuance of permit; where valid; duration;
permits subject to regulation; ~21-69, Limitation on
frequency and duration of conducting bingo games; ~21-70,
"Instant bingo"; ~21-71, Reports of gross receipts and
disbursements required; form of reports; failure to file;
certificate of compliance; right of entry upon premises.;..
records; independent accounting procedure; S21-72, Audit
of reportst fee; S21-73, Prohibited practices; and ~21-
77.1 Only rafflest bingo and instant bingo games
permitted, of Article II. Gambling, of the Code of the
City of Roanoke (1979), as amended, to provide for the
regulation of bingo and raffle games in the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 286.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31669-082393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers- 6.
NAYS: None
(Council Member Musser was absent.)
REPORTS OF COMMITTEES:
BUDGET-PARKS AND RECREATION-DISABLED PERSONS:
Council Member William White, Sr., Chairperson of a
committee appointed by the Mayor to tabulate bids
received for renovations to bring the Villa Heights
Recreation Center into compliance with provisions of the
Americans With Disabilities Act, presented a written
report on behalf of the committee, recommending that
Council approve the following actions:
authorize the City Manager to enter into a
contractual agreement, in a form to be
approved by the City Attorney, with Williams
Painting and Remodeling, Inc., in accordance
with contract documents prepared by the Office
34
of City Engineer, in the amount of $17,562.00
and 60 consecutive calendar days for
completion of the work;
authorize the Acting Director of Finance to
transfer the following funds from Account No.
008-050-9680, to a new account to be entitled,
"Villa Heights Recreation Center
Improvements": ~
contract amount
contingency
(advertisements, etc.)
total amount
$17,562.00
1~438.00
ACTION:
reject all other bids received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered %he following emergency budget
ordinance:
(#31670-082393) AN ORDINANCE to amend and reordain
certain sections of · the 1993-94 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordina~ce, see Ordinance Book No. 55,
page 302.)
Mr. White moved the adoption of Ordinance No. 31670-
082393. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
0.
NAYS: None .
(Council Member Musser was absent.)
Mr. White offered the following resolution:
(#31671-082393) A RESOLUTION accepting the bid of
Williams Painting and Remodeling, Inc. of Roanoke, for
renovations to the Villa Heights Recreation Center
building to assist in compliance with requirements for
persons with disabilities, upon certain terms and
conditions, and awarding a contract therefor; authorizing
35
ACTION:
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. 55,
page 303.)
Mr. White moved the adoption of Resolution No.
31671-082393. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
SEWERS AND STORM DRAINS: Council Member
Elizabeth T. Bowles, Chairperson of the Water Resources
Committee, presented a written report on behalf of the
committee, with regard to renewal of the fifth year
option for sludge hauling by Bio Gro Systems, Inc., at
the Water Pollution Control Plant.
A staff report advised that the renewal contract for
yearly quantity of sludgehauling with Bio Gro expired in
August, 1993, which was the fifth one year negotiated
contract; and the last contract was signed on the basis
of a minimum of 6,000 dry tons to a maximum, subject to
funding and available volume, of 10,000 dry tons.
It was further advised that authorization by Council
is necessary in order to execute a contract agreement
with Bio Gro Systems, Inc., for the fifth year's quantity
of sludge removal, hauling and proper land application;
and Bio Gro Systems, Inc., desires to renew the contract
for the fifth and final year of said contract, pursuant
to communication dated July 9, 1993.
The Water Resources Committee recommended that
Council authorize the City Manager to execute the fifth
year sludge disposal contract with Bio Gro Systems, Inc.,
for a minimum quantity of 6,000 dry tons and a maximum
quantity of 10,000 dry tons, at a cost of $89.63 per dry
ton, with the 12 month ter~n of the amendment time period
to run from the date of execution of the renewed
contract, but, no later than September 1993.
(For full text, see report on file in the City Clerk's
Office.)
36
ACTION:
ACTION:
Mrs. Bowles offered the following resolution:
(#31672-082393) A RESOLUTION authorizing amendment
to the City's contract with Bio Gro Systems, Inc., for
the fifth 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. 55,
page 304.)
Mrs. Bowles moved the adoption of Resolution No.
31672-082393. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers- 6.
NAYS: None
(Council Member Musser was absent.)
UNFINISHED BUSINESS~ None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
STREETS ANDALLEYS: Ordinance No. 31616 permanently
vacating, discontinuing, and closing an unused alley
extending in a northerly direction from Murray Avenue,
S. E., for a distance of.approximately 167.74 feet to an
alley running generally east to west between 9th and llth
Streets, S. E., Block 34, Map of Buena Vista Land
Company, having previously been before the Council for
its first reading on Monday, August 9, 1993, 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:
(#31616-082393) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 253.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31616-082393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
ACTION=
37
AYES: Council Members White, Bowles, Fitzpatrick,
McCadden and Mayor Bowers--- 5.
NAYS: None-
(Council Member Harvey was out of the Council Chamber.)
(Council Member Musser was absent.)
ZONING: Ordinance No. 31617 rezoning two parcels of
land located 130 feet from the intersection of Williamson
Road and Angell Avenue, N. W., identified as Official Tax
Nos. 2090307 and 2090328, from ~4-1, Residential Multi-
Family District, to C-2, General Commercial District,
subject to certain conditions proffered by the applicant,
having previously been before the Council for its first
reading on Monday, August 9, 1993, 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:
(#31617-082393) AN ORDINANCE to amend Section
36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No. 209, 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. 54,
page 255.)
Mrs. Bowles moved the adoption of Ordinance No.
31617-082393. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
McCadden and Mayor Bowers .... 5.
NAYS: None
(Council Member Harvey was out of the Council Chamber.)
(Council Member Musser was absent.)
ZONING: Ordinance No. 31618 rezoning a tract of
land located at the intersection of Gus Nicks Boulevard
and Eastern Avenue, N. E., containing 1.007 acres,
identified as Official Tax No. 3330412, from RM-1,
Residential Multi-Family District, to C-2, General
Commercial District, subject to certain conditions
proffered by the applicant, having previously been before
38
ACTION:
ACTION:
the Council for its first reading on Monday, August 9,
1993, 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=
(#31618-082393) AN ORDINANCE to amend Section
36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No. 333, 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. 54,
page 256.)
Mr. White moved the adoption of Ordinance No. 31618-
082393. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
McCadden and Mayor Bowers ........ 5.
NAYS: None .... 0.
(Council Member Harvey was out of the Council Chamber.)
(Council Member Musser was absent.)
ZONING: Ordinance No. 31619 rezoning a tract of
land lying west and southwest of Connecticut Avenue,
N. E., off of Hollins Road, containing 9.751 acres,
identified as Official Tax No. 3041207, from HM, Heavy
Manufacturing District,, to LM, Light Manufacturing
District, subject to certain conditions proffered by the
applicant, having previously been before the Council for
its first reading on Monday, August 9, 1993, 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:
(#31619-082393) AN ORDINANCE to amend Section
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.
(For full text of Ordinance, see Ordinance Book No. 54,
page 258.)
Mrs. Bowles moved~the adoption of Ordinance No.
31619-082393. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
39
ACTION:
AYES: Council Members White, Bowles, Fitzpatrick,
McCadden and Mayor Bowers ....... 5.
NAYS: None 0.
(Council Member Harvey was out of the Council Chamber.)
(Council Member Musser was absent.)
POLICE DEPARTMENT-ZONING-DOWNTOWN ROANOKE,
INCORPORATED: Ordinance No. 31620 amending the City Code
to permit public police facilities within the HM, Heavy
Manufacturing District zone, having previously been
before the Council for its first reading on Monday,
August 9, 1993, read and adopted on its first reading and
laid over, was again before the body, Mr. McCadden
offering the following for ~ts second reading and final
adoption:
(#31620-082393) AN ORDINANCE amending Section
36.1-270, Permitted uses, by the addition of new
subsection (9), of Chapter 36.1, Zoninq, of the Code of
the City of Roanoke (1979), as amended, to permit public
police facilities within the HM, Heavy Manufacturing
District, zone.
(For full text of Ordinance, see Ordinance Book No. 54,
page 259.)
Mr. McCadden moved the adoption of Ordinance No.
31620-082393. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS: None.
At 3:20 p.m., the Mayor declared the meeting in
recess.
40
ACTION:
ACTION=
At 5:35 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Member Musser.
COUNCIL: With respect to the Executive Session just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. White and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick,
Harvey, McCadden and Mayor Bowers--- 6.
NAYS: None 0.
(Council Member Musser was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised
that there is a vacancy on the Roanoke Neighborhood
Partnership Steering Committee, created by the
resignation of John A. Sabean, and called for nominations
to fill the vacancy.
Mr. Harvey placed in nomination the name of
Martin D. Jeffrey.
There being no further nominations, Mr. Jeffrey was
elected as a member of the Roanoke Neighborhood
Partnership Steering Committee, for a term ending
November 9, 1994, by the following vote:
FOR MR. JEFFREY: Council Members White, Bowles,
Fitzpatrick, Harvey, McCadden and Mayor Bowers 6.
(Council Member Musser was absent.)
41
There being no further business, the Mayor declared the
meeting adjourned at 5:38 p.m.
APPROVED
A~TEST:
City Clerk
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
September 13, 1993
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, September 13,
1993, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council
Beverly T. Fitzpatrick, Jr.
James G. Harvey, II, Delvis
and Mayor David A. Bowers
Members Elizabeth T. Bowles,
(arrived at 9:05 p.m.),
O. McCadden, William White, Sr.,
'6.
ABSENT: Council Member Howard E. Musser ......
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wllburn C.
Dibltng, Jr., City Attorney; James D. Grtsso, Acting Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
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, September 13, 1993, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
Robert L. Offutt and Alan L. Amos, Inc., that all of
Fairmont Place and two adjacent ten-foot alleys bounded
by lots described as Official Tax Nos. 3042141, 3042121,
3042101 - 3042105, inclusive, 3042129 and 3042108 -
3042110, inclusive, be permanently vacated, discontinued
and closed, the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
August 27, 1993, and Friday, September 3, 1993.
(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 insofar as
the City has an interest therein, subject to the
following conditions, was before Council.
The lower connecting semi-circular alley to
Fairmont Place and the subject two connecting
alleys shall be closed and permanently
vacated, pursuant tO Section 15.1-364 of the
Code of Virginia (1950), as amended, and
Section 30-14 of the Code of the City of
Roanoke (1979), as amended, within 12 months
of the date of adoption of any ordinance
providing for the closure of Fairmont Place
and the two connecting alleys.
The applicant shall submit to the City for
review and approval, receive approval of, and
record in the Office of the Clerk of Circuit
Court, a subdivision plat providing for the
following:
The disposition of the land within
the rights-of-way to be vacated, in
a manner consistent with the
requirements of Chapter 31,
Subdivisions, of the Code of the
City of Roanoke (1979), as amended.
The retenti6n of appropriate
easements, together with the right
of public passage over same, for
subsurface installation and
maintenance of any and all existing
utilities that may be located within
the right-of-way.
If the above conditions have not been met
within a period of.12 months from the date of
adoption of the ordinance providing for the
closure of the subject right-of-way, 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. Daniel F. Layman, Jr., Attorney, appeared before
Council in support of the request of his clients.
ACTION=
Mr. White moved that the following ordinance be
placed upon its first reading:
(#31673) 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. 54,
page 327.) ·
The motion was seconded by Mr. McCadden.
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. 31673 was
adopted, on its first reading, by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers- 5.
NAYS: None-- 0.
(Vice-Mayor Fitzpatrick and Council Member Musser 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,
September 13, 1993, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Robert L.
Offutt and Alan L. Amos, Inc., that a 3.25 acre tract of
land located at the southeast intersection of Hollins
Road and Pocahontas Avenue, N. E., described as Official
Tax Nos. 3042104 - 3042107, inclusive, and 3042121 -
3042129, inclusive, and an unnumbered circular' parcel
surrounded by Fairmont Place, be rezoned from RM-1,
Residential Multi-Family, Low Density District, to LM,
Light 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 Roanoke Times & World-News on Friday,
August 27, 1993, and Friday, September 3, 1993.
(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 place
the subject property into a zoning district
classification that will permit the construction of an
excavation, grading and demolition business, to include
its office, equipment storage area, and maintenance shop,
was before Council.
The Planning Commission recommended that Council
approve the request, advising that the proposed rezoning
will be a logical extension of the adjoining LM, Light
Manufacturing District, to the west of the property; that
property location and physical constraints of the site
are more conducive to non-residential development than
for residential inflll development; and the rezoning
request is in keeping with the recommendations of the
Comprehensive Plan.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Daniel F. Layman, Jr., Attorney, appeared before
Council in support of the request of his clients.
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31674) AN ORDINANCE to amend Section 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. 54,
page 329.)
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. 31674 was
adopted, on its first reading, by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers ....... 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
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 vacancies on various authorities,
boards, commissions and committees appointed by Council;
a matter with regard to acquisition of real property for
public purpose, specifically consideration of a potential
gift of real property; and a personnel matter, being the
appointment of a specific public officer.
MINUTES: Minutes of the regular meetings of Council
held on Monday, June 7, 1993, June 14, 1993, and June 28,
1993, 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. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers-- 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointedbyCouncil, pursuant to Section 2.1-344 (A)(I),
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
ACTION:
ACTION=
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, McCadden,
White and Mayor Bowers-- 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
PENDING LIST: A list of items pending from
February 10, 1992 through August 23, 1993, 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, McCadden,
White and Mayor Bowers 5.
NAYS: None
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
COMMITTEES-HOUSING/AUTHORITY: A communication from
JoAnne B. Justis tendering her resignation as a member of
the Board of Commissioners of the Roanoke Redevelopment
and Housing Authority, effective immediately, was before
Council.
(For full 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. Harvey and
adopted by the following vote:
48
ACTION=
ACTION=
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers ....... 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
COMMITTEES-HOUSING/AUTHORITY: A report of
qualification of Ronald 0. Crawford as a member of the
Board of Commissioners of the City of Roanoke
Redevelopment and Housing Authority, for a term ending
August 31, 1997, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A
report of qualification of J. Mason Powell for a term
ending November 8, 1995, and Martin D. Jeffrey for a term
ending November 9, 1994, as members of the Roanoke
Neighborhood Partnership Steering Committee, was before
Council. :
(See Oaths or Affirmations of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the reports of qualification
be received and filed. -The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers ...... 5.
NAYS: None-- 0.
(Vice-Mayor Fitzpatrick:.and Council Member Musser were
absent.)
ACTION=
ACTION:
COMMITTEES-YOUTH: A report of qualification of
J. Mason Powell as a member of the Youth Services Citizen
Board, for a term ending May 31, 1996, was before
Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers --5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss a
matter with regard to acquisition of real property for
public purpose, specifically consideration of a potential
gift of real 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.)
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 acquisition of real
property for public purpose, specifically consideration
of a potential gift of real property, 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:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers ....... 5.
NAYS: None ,' 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
COUNCIL: A communication of Vice-Mayor Fitzpatrick
requesting that Council meet in Executive Session to
discuss a personnel matter, being the appointment of a
50
ACTION:
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 communication 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. Harvey and adopted by the following
vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ANIMALS/INSECTS-LEGISLATION: Ms. Dawn Hale, 418
Chestnut Street, Vinton,' Virginia, addressed the matter
of pet overpopulation in the Roanoke Valley, advising
that each year in the United States, approximately 20
million cats and dogs are euthanized. She explained that
certain localities throughout the United States are now
adopting breeding ordinances to end the mass slaughter of
cats and dogs, and called attention to the willingness of
Delegate C. Richard Cranwell to be of assistance. She
asked that Council adopt a resolution requesting that
Delegate Cranwell introduce a restrictive breeding bill
before the Virginia General Assembly that could be
adopted by those localities that wish to control their
pet population through spaying and neutering.
Ms. Judith Pyska, 214 Spring Grove Drive, Vinton,
Virginia, also addressed Council with regard to the topic
of pet overpopulation and reviewed actions taken by other
localities to deal with ~he problem. She stated that the
51
ACTION:
Roanoke Valley governments should enact a measure
providing for mandatory spaying and neutering in order to
end the pet overpopulation problem and the euthanization
of cats and dogs.
(See verbatim transcripts of remarks on file in the City
Clerk's Office.)
Mr. Harvey moved that the matter be referred to the
City's Legislative Affairs Committee, along with the City
Manager and the City Attorney for review and report to
Council. The motion was seconded by Mrs. Bowles and
adopted.
PETITIONS AND COMMUNICATIONS:
AIRPORT-FIRE DEPARTMENT-CAPITAL IMPROVEMENTS
PROGRAM-EQUIPMENT: A communication from Jacqueline L.
Shuck, Executive Director, Roanoke Regional Airport,
advising that Section 17(b) of the contract between the
City of Roanoke, County of Roanoke and the Airport
Commission requires that any capital expenditure in
excess of $100,000.00 must be approved by the Roanoke
City Council and the Roanoke County Board of Supervisors;
and requesting that Council approve a capital expenditure
by the Roanoke Regional Airport Commission, in the amount
of approximately $270,000.00, to acquire one 1500 gallon
aircraft rescue and fire fighting vehicle to replace a
similar vehicle that has reached the end of its useful
life, or to rehabilitate the old vehicle if such
rehabilitation is feasible and would be in the best
interest of the Commission, was before Council.
It was explained that a Federal grant is expected in
September which will reimburse the Commission for 90 per
cent of the cost of either the acquisition or the
rehabilitation, the State will reimburse the Commission
for five per cent of said cost, the Commission has funds
available for the remaining cost, and therefore, the City
will not be responsible for any part of the purchase
price.
(For full text, see communication on file in the City
Clerk's Office.) "
Mr. White offered the following resolution:
ACTION:
(#31675-091393) A RESOLUTION approving the Roanoke
Regional Airport Commission's proposed capital
expenditure, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 55,
page 306.)
Mr. White moved the adoption of Resolution No.
31675-091393. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
SEWAGE AND STORM DRAINS: Kit B. Kiser, Director,
Utilities and Operations, presented an oral briefing and
video with regard to needed improvements to the Joint use
sewage facilities, sewage collector system, a tentative
method of financing, and a planned public information
program.
(See briefing papers on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that
the briefing of Mr. Kiser would be received and filed and
made a part of the official record.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HUMAN DEVELOPMENT-EQUIPMENT: The City
Manager submitted a written report advising that the
State Department of Social Services is developing a
system, project ADAPT. (Application Benefit Delivery
Automation Project), that will provide an automated
knowledge-based system to support the many facets of
eligibility determination and provide the most benefits
to workers by expediting the application process and the
delivery of benefits to customers; that the Roanoke City
Department of Social Services will receive 28 personal
computers from the State in September 1993, to prepare
53
ACTION:
for implementation of system changes with project ADAPT
which will be maintained under State maintenance
contract; and the State Department of Social Services
Technical Support Unit has encouraged the local agency to
change present cable dedicated line systems and install
telephone lines to connect to the State's host computers
and other necessary hardware for computer system
conversion.
It was further advised that the State Department of
Social Services has made funding available for wiring and
installation of necessary computer equipment at 100 per
cent reimbursement; and acquisition of the equipment will
decrease computer down time, allow for easier relocation
of terminals and system maintenance.
The City Manager recommended that Council approve
acquisition of the abovedescribed computer equipment,
increase Revenue estimates of funds received from the
State Department of Social Services in Account No. 001-
020-1234-0676, and increase the following expenditure
accounts:
Account No. 001-054-5313-2020 Telephone
Account No. 001-054-5313-2035 Expendable
Equipment
Account No. 001-054-5313-9015 Other Equipment
$11,025.00
24,700.00
5t440.00
Total $41,165.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance: ·
(#31676-091393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 307.)
Mr. White moved the adoption of Ordinance No. 31676-
091393. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles,
White and Mayor Bowers .... ~
NAYS: None
Harvey, McCadden,
5.
-0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
HUMAN DEVELOPMENT-COMMI~EES-GR/hNTS-FDETC: The City
Manager submitted a written report advising that the City
is one of eight localities represented on the Policy
Board, the governing body, of the Fifth District
Employment and Training Consortium (FDETC); that members
of the Policy Board include representatives from the
Counties of Allegheny, Botetourt, Craig, Roanoke and the
Cities of Clifton Forge, Covington, Roanoke and Salem;
that a Cooperative Agreement executed in 1979, and
amended in 1983, established that the City of Roanoke
will be responsible for overall management of the
Consortium and will serve as grant recipient for FDETC
funding; and the Agreement also provides that the City's
representative will serve as Chairperson.
It was further advised that Council appointed
James D. Ritchie, Sr., former Director of Human
Development, as the City's representative to the Fifth
District Employment and Training Consortium Policy Board;
that Mr. Rltchte has served as Chairperson of the Policy
Board since 1979; that in February 1993, Mr. Ritchie was
named Assistant City Manager for the City of Roanoke;
that as Council's appointee, Mr. Ritchie has continued to
serve as Chairperson of the Consortium Policy Board; that
Glenn D. Radcliffe, appointed as the new Director of
Human Development, begat work on July 12, 1993; that
since 1979, regular and'continuing supervision of FDETC
operations has been assigned to the Directorate of Human
Development; and Mr. Radcliffe has not been officially
appointed to the FDETC Policy Board.
The City Manager recommended that Council appoint
the Director of Human Development as the City's
representative to the Fifth District Employment and
Training Consortium Policy Board and appoint the
Assistant City Manager as alternate representative to the
Policy Board, effective September 15, 1993.
(For full text, see reBort on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
55
ACTION=
(#31677-091393) A RESOLUTION appointing a
representative and alternate representative of the City
of Roanoke to the Fifth District Employment and Training
Consortium Policy Board.
(For full text of Resolution, see Resolution Book No. 55,
page 308.)
Mrs. Bowles moved the adoption of Resolution No.
31677-091393. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers--- - ...... 5.
NAYS: None
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
POLICE DEPARTMENT: The City Manager having
previously submitted a written report with regard to
implementation of a Police Homeowners Loan Program, he
requested that the report be withdrawn from the agenda.
BUDGET-GRANTS-YOUTH: The City Manager submitted a
written report advising that the Office on Youth received
funds from a Project FOCUS Grant to operate a Job
training camp program for youth, ages 12 - 17; that the
need for the program was expressed during the Teen Summit
meetings held in 1992 because teens felt that there was
"nothing to do", and the majority were too young to
secure Jobs; that the training camp provided
opportunities for teens to learn about the world of work
through classroom training which included, but was not
limited to role play, speakers, career exploration, goal
setting, etc; and funding, in the amount of $20,000.00,
was transferred in June 1993 from the Project FOCUS grant
to the Office on Youth for implementation of the training
camp program.
The City Manager recommended that Council
appropriate $20,000.00, with a corresponding revenue
estimate, to accounts to be established by the Acting
Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
ACTION:
(#31678-091393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 308.)
Mr. Harvey moved the adoption of Ordinance No.
31678-091393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers ..... 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
BUDGET-STATE HIGHWAYS-PUBLIC WORKS-CAPITAL
IMPROVEMENTS PROGRAM-SEWERS AND STORM DRAINS-WATER
RESOURCES: The City Manager submitted a written report
advising that the Virginia Department of Transportation
(VDOT) develops various phases of Council approved
highway projects, which include such items as preliminary
engineering, right-of-way acquisition and project
construction; that billings to the City from VDOT are
done on a monthly basis; that said billings represent the
City's share of expenditures to date, which is generally
five per cent from plan development phases authorized
prior to July 1, 1989, and two per cent for 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 provides for payment of interim bills, however,
there may be instances when additional requests to
Council for transfers are needed to cover interim bills.
It was further advised that the Capital Improvement
Program recommended for fiscal years 1992 - 1995 includes
$454,550.00 to provide for the City's share of
anticipated highway project costs over a three year
period; that 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; that three of the seven highway
construction projects for which funds are currently
allocated in the Virginia Department of Transportation's
Six-Year Improvement Program require continued funding in
57
AC?ION:
order to meet estimated costs for fiscal year 1993-94;
and the other projects have sufficient allocations from
previous years to meet anticipated billings.
The City Manager recommended that Council
appropriate $72,000.00 from Capital Fund Undesignated
Fund Balance to the following project accounts:
Project
Peters Creek Road
Extension, Account
No. 008-052-9595-9003
Current
-Status
Right-of-way
Acquisition
Transfer
Needed to
Accommodate
Anticipated
Billinqs
$42,000.00
Brandon Avenue
Widening, Account
No. 008-052-9604-9003
Preliminary
Engineering
$10,000.00
Wells Avenue, Account
No. 008-052-9547-9003
Right-of-way
Acquisition
$20,000.00
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31679-091393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 309.)
Mrs. Bowles moved the adoption of Ordinance No.
31679-091393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Harvey,
White and Mayor Bowers
NAYS: None.
McCadden,
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
58
BUDGET-PURCHASE/SALE OF PROPERTY-STATE HIGHWAYS-
PLANNING-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH-
STREETS AND ALLEYS-TRAFFIC: The City Manager submitted
a written report advising that acquisition of property
rights is the City's responsibility for the Second
Street/Gainsboro Road Project by virtue of the agreement
between the City and the Virginia Department of
Transportation (VDOT) dated August 20, 1987, which
includes obtaining independent 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
purchasers of real property rights; that to provide
protection against environmental liability, Council
adopted a City land acquisition policy on July 26, 1993,
which requires some form of environmental site assessment
evaluation for all property interest purchases; that
Phase I environmental assessments for the project were
previously determined by VDOT to be a project cost
element; that a study was previously prepared by Dewberry
and Davis, in the amount of $14,900.00, for a Phase I
Environmental Site Assessment, which included detailed
record s~arches and field investigations; and the Phase
I contract anticipated the possibility of Phase II
environmental site assessments based on information
compiled, including suspect conditions that would warrant
more detailed study and testing.
It was further advised that additional research is
needed which consists of Phase II-A and II-B reviews;
that proposals were received, interviews were held and
negotiations were conducted; that Phase II-A
Environmental Site Assessments will determine the
presence of hazardous substance, materials or waste and
where possible, the degree and extent of contamination;
that Phase II-B Environmental Site Assessments will
determine the degree, th~ amount of hazardous substance,
materials or waste, and the exact impact of such
materials on the area proposed to be acquired; and the
total amount for Phase II-A and II-B shall not exceed
$152,586.00.
The City Manager recommended that he be authorized
to execute an agreement for consultant services, in a
form to be approved by the City Attorney, for Phase II
Environmental Site Assessments with Hayes, Seay, Mattern
& Mattern, Inc., in the amount of $152,586.00; and that
Council appropriate $155,637.72 to Account No. 008-052-
9547-9007, $3,051.72 of which will be transferred from
59
ACTION:
ACTION:
the Streets and Bridges category of 1992A Bond Series,
and $152,586.00 will be reimbursed by the Virginia
Department of Transportation, subject to their approval.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31680-091393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 311.)
Mr. White moved the adoption of Ordinance No. 31680-
091393. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers ...... 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
Mr. White offered the following resolution:
(#31681-091393) A RESOLUTION authorizing the
execution of an agreement with Hayes, Sea¥, Mattern &
Mattern, Inc., to provide certain engineering services,
specifically Phase II Environmental Site Assessments in
connection with the Second Street/Gainsboro Road Project.
(For full text of Resolution, see Resolution Book No. 55,
page 312.)
Mr. White moved the adoption of Resolution No.
31681-091393. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers 5.
NAYS: None. - ...... 0.
(Vice-Mayor Fitzpatrick'and Council Member Musser were
absent.)
60
BUDGET-CITY MARKET-STATE HIGHWAYS-HOTEL ROANOKE
CONFERENCE CENTER-VIRGINIA TECH: The City Manager
submitted a written report advising that on May 7, 1990,
Council awarded an engineering services agreement with a
cost ceiling contract to Hayes, Seay, Mattern & Mattern,
Inc., in an amount not to exceed $265,600.00; that the
scope of work to be performed includes survey, design and
plan preparation for a Dominion Tower Streetscape Project
and a Pedestrian Bridge and Atrium Project; that the
Dominion Tower Streetscape Project designed by Hayes,
Seay, Mattern & Mattern, Inc., and subsequently
constructed, left an unspent contract balance of
$144,631.33; that on March 1, 1993, pursuant to
Resolution No. 31361-030193, Council requested that the
Virginia Department of Transportation (VDOT) program a
project for a pedestrian overpass above Norfolk Southern
Railway tracks, including the related atrium facility, to
connect between the Hotel Roanoke/Conference Center area
and the Historic Market area; that said project was
subsequently programmed by VDOT into its updated Six-Year
Improvement Program; and Council authorized the City
Manager to execute an agreement with VDOT by which the
City will administer the preliminary engineering phase of
the project.
It was further advised that the City desires to have
Hayes, Seay, Mattern & Mattern, Inc., continue its work
under the abovementioned agreement in order to prepare
the necessary engineering plans and specifications in
cooperation with the Virginia Department of
Transportation; that the engineering services agreement
remains an open and active project, with an unspent
balance of $144,631.33; that a supplemental agreement
prepared by Hayes, Seay, Mattern & Mattern, Inc.,
proposes an additional $55,318.67, thereby providing for
a revised total of $199,950.00 for Pedestrian
Bridge/Atrium design work, or a total cost ceiling of
$320,918.67, of which $120,968.67 has been spent for
Streetscape Project design work; and VDOT concurs in the
use of Hayes, Seay, Mattern & Mattern, Inc., and the
project fee, in the amount of $199,950.00, for the
Pedestrian Bridge/Atrium design work.
The City Manager recommended that Council approve
the following actions:
authorize Amendment No. 1 to the engineering
services agreement with Hayes, Seay, Mattern &
Mattern, Inc., for additional engineering
services for the Pedestrian Bridge and Atrium
61
ACTION=
Project to provide an increase of $55,318.67,
for a total cost not to exceed $320,918.67;
and
appropriate $203,949.00 to a new account to be
entitled "Pedestrian Bridge & Atrium," with
the City's share of $3,999.00, to be available
in Account No. 001-004-9310-9508, Transfers to
Capital Projects Fund: and $199,950.00 to be
reimbursed by the Virginia Department of
Transportation.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31682-091393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 312.)
Mr. Harvey moved the adoption of Ordinance No.
31682-091393. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers--- . ...... 5.
NAYS: None
(Vice-Mayor Fitzpatrick.and Council Member Musser were
absent.)
Mr. Harvey offered the following resolution:
(#31683-091393) A RESOLUTION authorizing the
execution of Amendment No. 1 to the City's contract with
Hayes, Seay, Mattern & Mattern, Inc., for additional
engineering services to be performed in connection with
the design of the Pedestrian Bridge and Atrium Project.
(For full text of Resolution, see Resolution Book No. 55,
page 313.) ~
ACTION:
Mr. Harvey moved the adoption of Resolution No.
31683-091393. The motion was seconded by Mrs. Bowles and
adopted by the following.vote:
AYES: Council Members Bowles,
White and Mayor Bowers
NAYS: None'
Harvey, McCadden,
O.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
PURCHASE/SALE OF PROPERTY-SEWERS AND STORM DRAINS-
EASEMENTS-INDUSTRIES-WATER RESOURCES: The City Manager
submitted a written report with regard to the Statesman
Industrial Park Stormwater Management Project, advising
that on September 23, 1992, Council authorized
acquisition of necessary property and easements by
providing for the expenditure of funds for the parcels
that must be purchased; that design changes necessitated
by engineering and environmental concerns require
acquisition of different easement and property
configurations than were~originally anticipated; that on
April 19, 1993, Council authorized acquisition of the
necessary property, access easement, and temporary
construction easements by providing for the expenditure
of funds for those parcels that must be purchased; and
the easement must be -acquired in order to permit
completion of the project, as well as future maintenance.
The City Manager recommended acquisition of an
access easement, identified as Official Tax No. 7130113,
owned by Wallace A. and Jacqueline B. Reed; that total
compensation for the pro~ect shall not exceed the amount
previously established, without further authorization by
Council; and that the City Attorney be authorized to
institute condemnation and right of entry proceedings, as
necessary, in the event of refusal of the property owner
to accept settlement in order that undue delay may be
avoided.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(#31684-091393) AN ORDINANCE providing for the
acquisition of additional real estate needed by the City
for the construction of the Statesman Industrial Park
Stormwater Management Project; authorizing the City
ACTION=
Manager to fix, within limits established by City
Council, the consideration to be offered by the City for
any such 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 parcel for the
purpose of commencing the project; directing the mailing
of this ordinance to each property owner; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 314.)
Mrs. Bowles moved the adoption of Ordinance No.
31684-091393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers--- - ...... 5.
NAYS: None
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
BUDGET-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA
TECH-CONSULTANTS REPORTS: The City Manager submitted a
written report advising that the Hotel Roanoke Conference
Center Commission recommended the engagement of
consulting services to assist in ensuring successful
completion of the Conference Center and to ensure
coordination in the relationship between the Conference
Center and a restored Hotel Roanoke; and a Request for
Proposals was properly advertised, proposals were
received and evaluated and following personal interviews
by the selection committee, the firm of Hayes, Seay,
Mattern & Mattern, Inc., was selected as the most
qualified.
It was further advised that following negotiations
with Hayes, Seay, Mattern & Mattern, Inc., it was agreed
that the following professional services will be
provided:
proportion electrical and mechanical systems
construction, operation, and maintenance
between the new Conference Center and the
restored Hotel Roanoke and comment on all
utilities including the telephone system;
ACTION:
provide construction observation services
during construction of the Conference Center;
and
provide construction observation services for
substantial and final inspection of the new
Conference Center.
The City Manager recommended that Council approve
the following actions:
authorize the City Manager to enter into an
engineering services contract, in a form to be
approved by the City Attorney, with Hayes,
Seay, Mattern & Mattern, Inc., to provide
various professional services in support of
the construction of the Conference Center; and
appropriate funding to an account to be
established in the Capital Projects Fund
entitled, "Conference Center Engineering
Consultation": ~
Contract Amount
Contingency
$77,000.00
2,250.00
Total $79,250.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31685-091393) AN ORDINANCE to amend and reordain
certain sections of - the 1993-94 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 316. )
Mr. Harvey moved the adoption of Ordinance No.
31685-091393. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
65
ACTION=
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
Mr. Harvey offered the following resolution:
(#31686-091393) A RESOLUTION authorizing the
execution of an agreement with Hayes, Seay, Mattern &
Mattern, Inc., to provide certain engineering services,
specifically various professional services in support of
the construction of the Hotel Roanoke Conference Center.
(For full text of Resolution, see Resolution Book No. 55,
page 317.)
Mr. Harvey moved the adoption of Resolution No.
31686-091393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers ...... 5.
NAYS: None
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager
submitted a written report advising that the HOME
Investment Partnership Program (HOME) is a housing block
grant from the U. S. Department of Housing and Urban
Development (HUD) to the City of Roanoke; that Council
approved the 1992 HOME program on June 22, 1992, pursuant
to Resolution No. 31070-062292, and appropriated HOME
funds, pursuant to Ordinance No. 31069-062292, in the
amount of $756,000.00; that pursuant to Resolution No.
31574-071293, adopted on July 12, 1993, Council
authorized transfer of $756,000.00 to certain accounts
for specific programs; and the Roanoke Redevelopment and
Housing Authority, historically, has administered certain
portions of community development programs for the City,
including housing rehabilitation.
It was further advised that project funds to be
administered by the Housing Authority, and covered by the
contract, total $529,975.00 in HOME funds; that funds
budgeted from the 1992 HOME allotment for the Assistance
to Homebuyers Program will not be included in the
contract; and funds budgeted from the later 1993 HOME
allocation to the City 'included $150,000.00 for Down
Payment and Closing Cost Assistance to First-Time
Homebuyers, however, Federal regulatory issues regarding
use of the 1993 HOME allocation need additional
clarification.
It was explained that inasmuch as public demand for
the Down Payment and Closing Cost Assistance Program
continues to be high, administration of the Program
should not be delayed while clarifications are made; that
a technical transfer of HOME funds within 1992 year
accounts, from Account No. 035-052-5300-5237 to Account
No. 035-052-5300-5240, will allow for continued
administration of the Down Payment and Closing Cost
Assistance Program, without hindering administration of
other activities; that., funds budgeted for Roanoke
Redevelopment and Housing Authority services in fiscal
year 1993-94 total $75,600.00 for administration and
support of three HOME-funded programs; and an
Administrative Agreement between the City and the Roanoke
Redevelopment and Housing Authority is necessary before
the Housing Authority can perform and receive payment for
administrative activities regarding HOME-funded or
assisted programs.
The City Manager recommended that he be authorized
to execute an agreement.with the Roanoke Redevelopment
and Housing Authority for administration and
implementation of various HOME-funded housing activities;
and that Council authorize the Acting Director of Finance
to transfer $150,000.00 of 1992 HOME funds from
Assistance to Homebuyers, Account No. 035-052-5300-5237,
to Down Payment and Closing Cost Assistance, Account No.
035-052-5300-5240.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31§87-091393) AN ORDINANCE to amend and reordain
certain sections of~ the 1993-94 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 318.) ~
ACTION:
ACTION:
Mr. White moved the adoption of Ordinance No. 31687-
091393. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers--- 5.
NAYS: None- 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
Mr. White offered the following resolution:
(#31688-091393) A RESOLUTION authorizing the
execution of a written agreement with the City of Roanoke
Redevelopment and Housing Authority relating to the
performance of certain Home Investment Partnership Grant
program activities to be undertaken by the City during
program year 1993-94.
(For full text of Resolution, see Resolution Book No. 55,
page 319.)
Mr. White moved the adoption of Resolution No.
31688-091393. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers ....... 5.
NAYS: None
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
HOUSING/AUTHORITY-PLANNING-GRANTS: The City Manager
submitted a written report advising that Council
appropriated Community Development Block Grant (CDBG)
funds on June 28, 1993, pursuant to Ordinance No. 31534-
062893 for fiscal year 1993-94, totalling $2,584,400.00,
including $2,076,000.00 new entitlement and $508,400.00
in program income; and the Roanoke Redevelopment and
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
Housing Authority services in fiscal year 1993-94 total
$376,632.00 for administration and support of 11
Community Development Block Grant funded programs; that
68
ACTION:
project funds to be administered by the Housing Authority
and covered by the contract total $390,132.00 in CDBG
funds, plus a minimum of $600,000.00 in private funds;
and an Administrative Agreement between the City and the
Roanoke Redevelopment and Housing Authority is necessary
before the Housing 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 Roanoke Redevelopment
and Housing Authority for performance of various
community development activities.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following resolution:
(#31689-091393) A RESOLUTION 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 1993-94.
(For full text of Resolution, see Resolution Book No. 55,
page 320.) ~
Mr. McCadden moved~the adoption of Resolution No.
31689-091393. The motion was seconded by F~r. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers ...... 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
CITY ATTORNEY:
CITY CHARTER-ANNEXATiON/CONSOLIDATION-LEGISLATION:
The City Attorney submitted a written report in response
to the following four questions raised by the Mayor at
the City Council meeting held on Monday, July 26, 1993:
whether the City may revert to town
status and, if so, by what
procedure;
whether the City may surrender its
Charter thereby ceasing to exist,
and, if so, by what procedure;
whether the City might regain the
power of City-initiated annexation
and, if so, by what procedure; and
how the City might address State-
imposed mandates without requisite
funding.
In conclusion, the City Attorney advised that
citizens of Virginia are frequently reminded that local
governments are "creatures" or sometimes "children" of
the Commonwealth; that as such, it is the responsibility
of the Commonwealth to provide an organizational
framework that will promote healthy local governments;
and moreover, it is often beyond the political abilities
of local officials to solve regional, social and fiscal
inequity problems.
The City Attorney explained that he was requested to
consider three alternatives for altering the boundaries
of the City, i.e.: reversion to town status, surrender of
the City Charter and restoration of annexation powers;
that each alternative requires approval of the General
Assembly; that of the three alternatives, reversion to
town status would seem to be the most likely to be
approved by the General,Assembly although considerable
opposition would be encountered if the City chose to
pursue this alternative; that town status may have some
viability because a few Virginia legislators have begun
to question the wisdom of Virginia's system of
independent cities that the Grayson Commission
recommended that cities of less than 125,000 should be
encouraged to revert to town status or obtain Class A
city status (a dependent city similar to a town); and
reversion to town status would represent a fundamental
change in governmental structure and should not be
considered without ample opportunity for public
participation in the decision making process.
Mr. Dibling pointed out that the issue of local
government organization ~n a statewide basis will not go
away and ultimately will have to be addressed by the
General Assembly in a comprehensive manner; that until
this occurs, the General Assembly will have to find other
means to meet the needs of core cities barred from
annexation; that one possibility is to provide special
compensation to those cities that have been barred from
70
ACTION:
annexation; that another possibility would be to require
local governments to share some of the regional costs
that are currently borne' only by core cities, such as
provision of public housing; and although even affluent
counties have persons who need public housing, all too
frequently such persons are required to move to a core
city to obtain this public benefit which then becomes the
sole responsibility of City taxpayers.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey advised that the problems encountered by
local governments in the Commonwealth of Virginia will
take more than Just money to solve. He stated that if
the Commonwealth wishes ~to give localities additional
funds, it has only to do what the City of Roanoke and
other cities throughout Virginia have requested over the
last several years, which is to grant the other one-half
cent sales tax that would mean an additional $6 million
to the City of Roanoke alone. He added that the problems
of local government will affect the youth of the entire
Roanoke Valley because they will not have the opportunity
to return to the Roanoke Valley following completion of
higher education and find suitable jobs inasmuch as the
Valley is limited in its growth potential. He advised
that the State must be convinced that the Roanoke Valley
must proceed as one, that simply tossing money at the
problem will not bring about the solution, and asked that
the Mayor pursue the issue with officials of the Cities
of Richmond and Norfolk to encourage their input and
participation in what fs probably the most important
issue that will be faced in the twenty-first century.
Mr. Harvey moved ~that the report of the City
Attorney be referred to the City Manager for further
study and review, and that the City Manager be requested
to make a special effort to contact the City's
representatives to the General Assembly to impress upon
them the importance of the issue and the necessity for
their assistance. The motion was seconded by Mr. White
and adopted.
BUDGET-BONDS/BOND ISSUES-TAXES-CITY JAIL-CAPITAL
IMPROVEMENTS PROGRAM-HOTEL ROANOKE CONFERENCE CENTER-
YOUTH CORRECTIONAL FACILITIES: The City Attorney
submitted a written report advising that new Federal
Income Tax regulations require that when the City intends
to reimburse itself from the proceeds of bonds previously
authorized by Council for expenditures advanced from City
71
funds in connection with such bond projects, the City
must declare its official intent to so reimburse itself
through adoption of a resolution; and the resolution must
state the amount of the advance, identify the authority
for the advance, describe the project for which the
original expenditure is paid, and state the maximum
principal amount of the obligations expected to be issued
for the project.
It was further advised that pursuant to Ordinance
No. 31375-040593, Council authorized issuance of General
Obligation Public Improvement Bonds, in the amount of
$20,100,000.00, for the Hotel Roanoke Conference Center
($13,800,000.00), City Jail Expansion ($4,800,000.00),
and Juvenile Detention Home Expansion ($1,500,000.00);
and the following City funds have been advanced in
connection with such projects:
TOTA~ A.'4OU~T AMOURT ADVANCED
BCk~D [SSUZ pROTECTS ~ OF 18~ ~~ ~ BE ~ ~ D~
C~fe~nce Cent~ $13,800,~0 ~ ~ts $ 742,220.~ $ 207,407.01
~a~s~ & As~ S 225,000.~ $ 81,~94.44
~ $ 3~3,700,~ - 0 -
J~l ~ion ~4,8~,000 ~., 8~y, ~t~ & - 0 - - 0 -
J~mlls ~ntion ~s,8~y, ~tt~n ~
H~ ~. $1,5~,0~ ~tt~n $ 27~,990.~ - 0 -
~ $20,100,~0 $1,552,910.~ $ 289,201.45
The City Attorney r~commended that Council adopt a
resolution authorizing the City to reimburse itself from
bond proceeds for expenditures advanced from City funds
in connection with the abovedescribed bond projects.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31690-091393) A RESOLUTION declaring the City's
intent to reimburse itself from the proceeds of its
general obligation public improvement bonds authorized to
be issued, pursuant to Ordinance No. 31375-040593,
adopted April 5, 1993, for certain expenditures in
72
ACTION:
connection with construction of the Hotel Roanoke
Conference Center and the Juvenile Detention Home
Expansion; and providing-for an effective date.
(For full text of Resolution, see Resolution Book No. 55,
page 321.)
Mrs. Bowles moved the adoption of Resolution No.
31690-091393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers ................................. 5.
NAYS: None' 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.) ~
REPORTS OF COMMITTEES:
BUDGET-WATER RESOURCES: Council Member William
White, Sr., Chairperson of a committee appointed by the
Mayor to tabulate bids received for construction of Phase
II Improvements to the Carvins Cove Filter Plant,
Contract B-l, presented a written report on behalf of the
committee, recommending that Council award a contract to
H. Hamner Gay & Co., Inc., in the amount of
$2,924,017.00, with a project contingency of $292,400.00;
and transfer $3,216,417.00 from Account No. 002-056-8366,
Water Fund - Water Plant Expansion Bonds '92, to a new
account to be entitled, "Carvins Cove, Phase II, Contract
B-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. White offered-the following emergency budget
ordinance:
(#31691-091393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 322.)
73
ACTION
ACTION:
Mr. White moved the adoption of Ordinance No. 31691-
091393. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers- --5.
NAYS: None
e
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
Mr. White offered the following emergency ordinance:
(#31692-091393) AN ORDINANCE accepting the bid of
H. Hamner Gay & Company, Inc., for construction of that
portion of the 13.5 mile waterline from Carvins Cove
Filter Plant to Crystal Springs Pump Station referred to
as Contract B-l, 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. 55,
page 323.)
Mr. White moved the adoption of Ordinance No. 31692-
091393. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers - ..... 5.
NAYS: None.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
BRIDGES-INDUSTRIES-WATER RESOURCES-AIR RIGHTS-
STREETS AND ALLEYS: Council Member Elizabeth T. Bowles,
Chairperson of the Water Resources Committee, presented
a written report on behalf of the committee, with regard
to an overhead right-of-way encroachment on South
Jefferson Street requested by Roanoke City Mills, Inc.
A staff report advised that Roanoke City Mills,
Inc., currently owned by Mennel Milling Co., has been in
business in the 1700 block of South Jefferson Street for
many years; that the structure closest to the east side
of the street, known as the Scale Building, is used both
74
as the point where grain is delivered to the mill by
trucks and also the point where processed flour is loaded
out into trucks, which causes conflicts interrupting the
smooth operation of the mill's processes inasmuch as the
building will permit only. one-way access, one truck at a
time; that the mill property is landlocked, since all
property on the east side of Jefferson Street is
completely developed; and property on the west side of
the street remains the only area for mill expansion.
It was further advised that a request to permit
installation of a pipe bridge across South Jefferson
Street, has been received from Roanoke City Mills, Inc.,
which will be 17 feet 9 inches above the highest point on
the street surface and~exceeds the minimum standard
height required by the City and the Virginia Department
of Transportation, from the Scale Building directly
across the street to a new flour load-out building on the
west side of Jefferson Street; that the potential lease
must be advertised and .the successful bidder will be
required to reimburse the City for the full cost of
advertising for the lease of air rights for a term of 60
years; that the bid for license payment is recommended to
be a one-time fee of not less than $500.00; that
advertisement and public hearing are required for lease
of air rights over the City right-of-way, which must be
advertised once a week for four successive weeks in two
newspapers with local circulation; that prior to
authorizing the lease by ordinance, the City must
advertise a public hearing on the proposal once a week
for two successive weeks~ said public hearing to be held
not less than six nor mo~e than 21 days after the date of
the second advertisement; and City staff recommends
authorization of the~ lease, subject to certain
conditions.
The Water Resources Committee recommended that
Council authorize the appropriate City officials to
advertise for bids and to execute documentation approved
by the City Attorney providing for a lease of air rights
over South Jefferson Street for a pipe bridge to the
successful bidder, subject to approval of the Board of
Zoning Appeals, in accordance with conditions as set
forth in the staff report.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
75
ACTION:
(#31693-091393) AN ORDINANCE approving the term of
60 years for the lease of certain air space over South
Jefferson Street, and authorizing the appropriate City
officials to advertise an invitation for bids for such
lease, upon certain terms and conditions; and providing
for an emergency
(For full text of Ordinance, see Ordinance Book No. 55,
page 324.)
Mrs. Bowles moved the adoption of Ordinance No.
31693-091393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers .... 5.
NAYS: None -0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
DRUGS/SUBSTANCE ABUSE-COMMONWEALTH'S ATTORNEY-WATER
RESOURCES: Council Member Elizabeth T. Bowles,
Chairperson of the Water Resources Committee, presented
a written report on behalf of the committee, with regard
to a lease agreement fo~ the Regional Drug Prosecutor's
Office.
A staff report advised that the current lease
agreement between the City and Crystal Towers Associates
will expire on December 31, 1993; that the need for
additional space, effective July 1, 1993, has caused the
office to move to new larger quarters in the Crystal
Tower Building; and inasmuch as the additional cost of
the lease will be absorbed by the budget of the
Commonwealth's Attorney, no appropriation is necessary at
this time to cover the period of July 1, 1993 through
December 31, 1993.
The Water Resources Committee recommended that
Council authorize an amendment to the lease between the
City and Crystal Tower Associates to permit the Regional
Drug Prosecutor's Officeito move into larger quarters for
a six month period from July 1, 1993 through December 31,
1993, said new quarters to be located in Suites 316, 317,
ACTION:
and 318 of the Crystal Tower Building, in the amount of
$3,840.00 annually, to be.approved as to form by the City
Attorney.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(#31694-091393) AN ORDINANCE authorizing the
appropriate City officials to enter into an amendment to
the lease agreement between the City and the Crystal
Tower Building Corporation for use by the multi-
Jurisdictional drug prosecutor, upon certain terms and
conditions, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 325.)
Mrs. Bowles moved the adoption of Ordinance No.
31694-091393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers ....... 5.
NAYS: None- 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent. )
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-LANDMARKS/
HIST. PRESERVATION: Council Member Elizabeth T. Bowles,
Chairperson of the Wate~ Resources Committee, presented
a written report on behalf of the committee, with regard
to property exchange at 118 - 124 Campbell Avenue, S. W.,
with James L. Trinkle.
A staff report advised that the City acquired 118,
120, 122 and 124 Campbell Avenue, S. W., from James L.
Trinkle to preserve historic facades on Campbell Avenue;
that acquisition included a five foot strip of property,
formerly the southerly one-half of an alley along the
rear of and the full width of the four adjoining
properties; that metal fire escapes exist on the rear of
the building at 118 and 122 Campbell Avenue, over the
five foot strip; and the City did not acquire a portion
of a two-story addition on the rear of 124 Campbell
Avenue, S. W., that encroaches approximately 6.50 feet by
77
ACTION
25.0 feet over a portion of Mr. Trinkle's remaining
property, which is a parking lot facing Kirk Avenue.
It was explained that an agreement to exchange
properties has been worked out between Mr. Trinkle and
City staff; that the five-foot City-owned strip behind
118, 120, and 122 Campbell Avenue, which functions as a
portion of Mr. Trink!e's parking lot (that he did not
intend to include in the original sale to the City) is to
be exchanged for the 6.5 foot by 25.0 foot parcel which
includes portions of Mr. Trinkle's lots described as
Official Tax Nos. 1010522 and 1010523, Lots 21 and 22,
Official Survey, SW-1, containing portions of the two-
story addition on the rear of 124 Campbell Avenue; that
an air rights agreement is to be negotiated to permit
fire escapes to remain in place over the five-foot strip,
as well as right-of-access to the rear of the structures
across Mr. Trinkle's parking lot to remain in effect
until the properties are developed; and when or if
development takes place on Mr. Trinkle's Kirk Avenue
parking lots, the owners at that time of 110 - 124
Campbell Avenue will be required to provide internal fire
escape facilities exiting onto Campbell Avenue, with air
rights for the rear fire escapes and access easement to
then be abandoned.
The Water Resources Committee recommended that
Council authorize an exchange of properties between the
City and James L. Trinkle involving a 5.0 foot by
approximately 81.5 foot strip of City-owned property and
a 6.5 foot by 25.0 foot strip of property owned by Mr.
Trinkle, as well as an air rights agreement permitting
fire escapes to remain in place over the 5.0 foot strip
and a right of access to 118, 120, 122 and 124 Campbell
Avenue, S. W., from Kirk Avenue, across Mr. Trinkle's
parking lot which will encompass Official Tax Nos.
1010522 and 1010523, with deeds of exchange to be
prepared by the City Attorney's Office.
(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:
78
ACTION=
(~31695) AN ORDINANCE authorizing the execution of
certain documents relating to the exchange of certain
property between the City and James L. Trinkle, subject
to various terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 331.)
The motion was seconded by Mr. McCadden and adopted
by the following vote:
AYES: Council Members Bowles, Harvey, McCadden,
White and Mayor Bowers--- 5.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Member Musser were
absent.)
At this point, 9:05 p.m., Vice-Mayor Fitzpatrick
entered the meeting.
UNFINISHED BUSINESS.: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
FRANCHISES-ROANOKE GAS COMPANY: Ordinance No. 31648
extending the franchise between the City of Roanoke and
the Roanoke Gas Company, dated August 27, 1973, for a
term of 180 days, having previously been before the
Council for its first reading on Monday, August 23, 1993,
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:
(#31648-091393) -AN ORDINANCE extending the
franchise between the City of Roanoke and Roanoke Gas
Company, dated August 27, 1973, for a term of one hundred
eighty (180) days; and providing for an effective date
for this ordinance.
(For full text of Ordinance, see Ordinance Book No. 54,
page 305.)
Mr. Harvey moved the adoption of Ordinance No.
31648-091393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
ACTION=
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, White and Mayor Bowers-
NAYS: None
(Council Member Musser 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.
t 9:57 p.m., the meeting reconvened in the Council
A in and all Members of
Chamber, with May~r Bowers ~l~g~,vcention of Council
the Council in attendance, w~u,, ~ ..... =
Member Musser.
COUNCIL: with respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City council. The motion was seconded by
Mr. White and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Hazvey,
McCadden, White and Mayor Bowers
NAYS: None
(Council Member Musser was absent.)
COMMiTTEES-HOUSING<AUTHORITY: Mr. White offered the
following resolution:
(%31696-091393) A RESOLUTION waiving the
requirement of City residency for Jack Loeb, a
commissioner of the City of Roanoke Redevelopment and
Housing Authority.
(For full text of Resolution, see Resolution Book No. 55,
page 326.)
80
ACTION:
Mr. White moved the adoption of Resolution No.
31696-091393. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
McCadden, White and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
!
There being no further business, the Mayor declared the
meeting adjourned at 10:00 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
81
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
September 27, 1993
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, September 27,
1993, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., William
White, Sr., Elizabeth T. Bowles and Mayor David A. Bowers 4.
ABSENT: Council Members James. G. Harvey, II, Delvis 0.
McCadden and Howard E. Musser ..... 3.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wllburn C. Dibling, Jr., City
Attorney; James D. Grisso, Acting Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by the Honorable David A.
Bowers, Mayor.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
BID OPENINGS
CITY PROPERTY-CHURCH AVENUE PARKING GARAGE-CENTURY
STATION PARKING GARAGE-TOWER PARKING GARAGE-WILLIAMSON
ROAD PARKING GARAGE-MARKET SQUARE PARKING GARAGE:
Pursuant to notice of advertisement for bids for
management and operation of certain City of Roanoke
parking garages and parking lots, said bids to be
received by the City Clerk until 1:30 p.m., on Monday,
September 27, 1993, 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
TOTAL AMOUNT
Republic Parking System
Allright Roanoke Parking, Inc.
Central Parking System of Virginia
Century Parking
Valley Metro
$ 829,044.00
830,252.00
1,015,996.00
1,047,500.00
1,106,996.00
Mr. Fitzpatrick 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 William White, Sr., Chairperson,
William F. Clark and Kit B. Kiser as members of the
committee.
PUBLIC HEARING
ZONING-SUBDIVISIONS-FLOOD REDUCTION/CONTROL:
Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, September 27,
1993, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on a proposed amendment to Chapter 36.1,
Zoning, of the Code of the City of Roanoke (1979), as
amended, such amendment to clarify and make consistent
with Federal Insurance Administration and Federal
Emergency Agency regulations certain sections of the
floodplain zoning regulations, the matter was before the
body.
Legal advertisement of the public hearing was
published in the Roanok~ Times & World-News on Saturday,
September 11, 1993, andjSaturday, September 18, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the Federal Emergency Management Agency (FEMA), has
requested additional revisions to the City's flood plain
regulations, specifically, the need for the City to
modify its definitions of historic structures and base
flood, addition of the definition of substantial damage,
any reference in the City's ordinance to substantial
improvement must include substantial damage, and
permitted uses in the f~ooding district should result in
no increase in flood elevation, was before Council.
83
ACTION:
The Planning Commission recommended that Council
approve the proposed amendments, as more fully set forth
in the report.
(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:
(#31697) AN ORDINANCE amending Section 36.1-361,
Floodplain management regulations; definitions; Section
36.1-362, Establishment of Floodplain areas; and Section
36.1-365, Permitted uses, of Subdivision E, Floodplain
Zoning Regulations, of Chapter 36.1, Zoning, of the Code
of the City of Roanoke (1979), as amended, such
amendments to clarify and make consistent with Federal
Insurance Administration and Federal Emergency Management
Agency certain sections of the Floodplain Zoning
Regulations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 339.)
The motion was seconded by Mr. White.
The Director of Public Works advised that the
Federal Emergency Management Agency has called attention
to the need for further changes; however, he requested
that Council adopt the abovereferenced ordinance and the
additional changes will be submitted for Council's
approval in the near future.
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. 31697 was
adopted, on its first reading, by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers 4.
NAYS: None 0.
(Council Members Harvey, McCadden and Musser were
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
84
A~ION~
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 personnel matter, being the appointment of
a specific public officer; and a matter with regard to
disposition of publicly held property, specifically lease
of space in the Municipal Parking Garage.
MINUTES: Minutes of the regular meetings of Council
held on Monday, July 12, 1993; the special meeting held
on Monday, July 12, 1993;~and the regular meeting held on
Monday, July 26, 1993, 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 Fitzpatrick, White, Bowles
and Mayor Bowers 4.
NAYS: None
(Council Members
absent.)
o
Harvey, McCadden and
Musser were
U. S. CONFERENCE OF MAYORS-TAXES-LEGISLATION-CITY
GOVERNMENT-NATIONAL LEAGUE OF CITIES: A communication
from Mayor David A. Bowers advising that he was requested
by The United States Conference of Mayors to serve with
Mayor Dal¥ of Chicago on the National Unfunded Mandates
Boycott Day Committee, in an effort to designate
October 27, 1993, as National Unfunded Mandates Day in
the United States; and requesting that the matter be
referred to the City Manager for implementation of vital
information to be disseminated to the citizens of Roanoke
on October 27 explaining, the severe impact that unfunded
Federal and State mandates have on the City of Roanoke,
was before Council. j
(For full text, see communication on file in the City
Clerk's Office.)
85
ACTION=
ACTION=
Mrs. Bowles moved that the matter be referred to the
City Manager for compilation of vital information to be
provided to the citizens of Roanoke on October 27, 1993.
The motion was seconded by Mr. Fitzpatrick and adopted by
the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers 4.
NAYS: None
(Council Members Harvey, McCadden and Musser were
absent.)
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet 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.
(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
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 Fitzpatrick, White, Bowles
and Mayor Bowers 4.
NAYS: None
O.
(Council Members Harvey, McCadden and Musser were
absent.)
COUNCIL: A report' of the City Manager requesting
that Council meet in Executive Session to discuss a
matter with regard to disposition of publicly held
property, specifically the lease of space in the
Municipal Parking Garage, 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.)
ACTION:
Mrs. Bowles moved that Council concur in the request
of the City Manager to convene in Executive Session to
discuss a matter with regard to disposition of publicly
held property, specifically the lease of space in the
Municipal Parking Garage, 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, White, Bowles
and Mayor Bowers 4.
NAYS: None --- 0.
(Council Members Harvey, McCadden and Musser were
absent.)
RESQLAR AGENDA
HEARING OF CITIZENS.UPON PUBLIC MATTERS:
ROANOKE CIVIC CENTER: Vernon M. Danielsen,
Chairperson, Roanoke Civic Center Commission, presented
an oral briefing on Civic Center operating highlights,
financial highlights and.major events for the past year.
(See summary reports on file in the City Clerk's Office.)
Mr. Danielsen advised that the Civic Center
Commission has addressed the parking and traffic
situation on numerous occasions because it is apparent
that patrons are experiencing problems with parking
facilities and parking arrangements. He added that it is
the opinion of the Civic.Center Commission that shuttle-
busing and coordination, etc., can go a long way in
helping to mitigate the problem, however, it is believed
that the facility has reached the limit insofar as the
number of patrons that can be served and the number of
events that can be accommodated. He stated that with the
opening of the Hotel Roanoke Conference Center, it is
believed that the parking problem will be magnified
inasmuch as approximately 300 to 400 parking spaces will
be eliminated that are ~urrently shared with the Hotel;
therefore, it is proposed that the City of Roanoke, the
Hotel Roanoke Conference Center Commission, and the
Roanoke Civic Center Commission Jointly engage the
services of a parking and traffic consultant to review
the traffic and parking situation relative to the two
facilities.
87
The Mayor expressed appreciation to Mr. Danielsen
for his report and advised that without objection by
Council, his remarks would be received and filed and made
a part of the official record.
VA AMATEUR SPORTS/COMMONWEALTH GAMES: Peter M.
Lampman, Executive Director, Virginia Amateur Sports,
Inc., expressed appreciation for the City's support of
the Commonwealth Games of Virginia which has enhanced the
ability to hold Virginia's largest amateur athletic event
in Roanoke for the enjoyment of Virginians of all ages.
He stated that the City's financial support of $30,000.00
and over $20,000.00 of in-kind contributions has enabled
Virginia Amateur Sports to provide a quality, olympic
sports festival for over 23,000 athletes in its four year
history. He advised that 4,239 medals were awarded this
year to 6,900 athletes who competed in 38 sporting events
during the period of July 16 - 18 and July 24 - 25, and
the economic impact of the Commonwealth Games was
significant, with total estimated expenditures of
$4,496,208.00.
On behalf of Virginia Amateur Sports, Mr. Lampman
presented the Mayor with a plaque containing the
following inscription:
Presented With Appreciation to the City of Roanoke
Gold Medal Sponsor
By
Virginia Amateur Sports, Inc.
In Recognition of your Outstanding Support and
Commitment to Amateur Athletes
1993 Commonwealth Games of Virginia
The Mayor expressed appreciation to Mr. Lampman for
the plaque, and advised that without objection by
Council, Mr. Lampman's remarks would be received and
filed and made a part of the official record.
DOWNTOWN ROANOKE, INCORPORATED: Douglas C. Waters,
President, Downtown Roanoke, Inc., gave a briefing and a
slide presentation . outlining activities and
responsibilities of Downtown Roanoke, Inc., in promoting
and advancing the ongoing downtown development effort.
He advised that 1993-94 will be an exciting year for
Downtown Roanoke and for the City, with a focus on
enhancing the linkages presently existing with area
institutions of higher learning, continuing and more
88
aggressively working with the Roanoke Valley Convention
and Visitors Bureau and others in promoting downtown
tourism and in promoting Roanoke as a tourist attraction
and destination point, increasing business retention
activities, working with the long-range vitality of the
Farmer's Market where a generation change is some threat
to the Farmer's Market.as it presently exists, re-
invigorating and increasing participation in the Mixed
Paper Recycling Program, and the possibility of
involvement in the redevelopment of Henry Street as a
commercial and activity focus of the City.
On behalf of the 30 member Board of Directors,
officials, membership and property owners comprising
Downtown Roanoke, Inc., Mr. Waters expressed appreciation
to the City of Roanoke for its support and cooperation
during the past year in helping Downtown Roanoke to
achieve its goals and objectives.
The Mayor expressed appreciation to Mr. Waters for
his report and advised that without objection by Council,
his remarks would be received and filed and made a part
of the official record. ~
ROANOKE SYMPHONY ORCHESTRA: Dr. Victoria E. Bond,
Music Director and Conductor, Roanoke Symphony Orchestra,
expressed appreciation to the City of Roanoke for its
continued support of the Roanoke Symphony, and advised
that the mission of the Roanoke Symphony is to serve all
citizens of the region by presenting high-quality,
symphonic, educational and community programs. She
stated that the Symphony is responsible for bringing new
people into the Roanoke Valley, as well as presenting
existing talent from the Roanoke Valley to the community.
She called attention to the positive national attention
received by the Roanoke Symphony, having been featured in
the Wall Street Journal~ The New York Times, ABC News,
NBC-TV, and a recording with the renowned singer Ray
Charles. She also called attention to educational
programs of the Roanoke ~ymphony such as school concerts
throughout the year, a number of young people's concerts
for Roanoke Valley child~en, and the expenditure of more
than $125,000.00 per year on educational programs working
in partnership with the school systems where more than
20,000 children have been reached, 8,500 of which are
enrolled in Roanoke City public schools. She advised
that community outreach programs have received positive
national attention, and referred specifically to the
"Friends of the Roanoke Symphony", an African-American
community support group whose mission is to raise money
for education, particularly in the black community, by
89
providing scholarships for children who could not
otherwise afford to go to school. She spoke in support
of a music center in Roanoke for disadvantaged youth in
low income areas, which could be established in
conjunction with Henry Street, advising that the Roanoke
Symphony would like to be involved by using its resources
and expertise in whatever way possible. She called
attention to the branching out of local partnerships such
as the merger of the Roanoke Choral Society and the
Roanoke Symphony this year, as well as the Joint
production by the Roanoke Symphony and the Southwest
Virginia Ballet of the Nutcracker during the latter part
of 1993. She advised that in the near future, permanent
quarters for the Roanoke Symphony will be moved to the
Jefferson Center. With regard to economic development,
she stated that the Roanoke Symphony returns 80 per cent
of its budget to the community; that the Symphony is
composed of a fully professional orchestra with
professional, full-time musicians; that approximately
$500,000.00 is expended each year on musician's fees and
expenses, and out of a total budget of $1.3 million for
1993, 80 per cent will' be returned to the community
through salaries to local residents, admissions taxes
paid to the Roanoke Civic Center, other taxes in the
amount of $12,000.00, purchase of materials and services,
and $41,000.00 in Roanoke City hotel expenses for
musicians and artists. She added that the Roanoke
Symphony would like to be involved in the thrust toward
increasing tourism in the Roanoke area, and it is her
personal goal that the Roanoke Symphony will become a
major drawing card for the Roanoke Valley.
The Mayor expressed appreciation to Dr. Bond for her
presentation and advised that without objection by
Council, her remarks would be received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS-CMERP: A communication from the
Roanoke City School Board requesting appropriation of
funds to the following~ school accounts, and further
requesting appropriation of $498,500.00 from the 1993-94
Capital Maintenance and Equipment Replacement Fund to be
used for the purchase of instructional computers at
Virginia Heights Elementary School and the middle
schools, for Magnet School alterations, for facility
maintenance, and for acquisition of the modular Health
Clinic building, was before Council.
90
ACTION=
Grant No. 6517
,$5,005.00 for the 1993-94
Transitional Services Program
· to provide materials to ensure
a smooth transition for
handicapped students entering
.the school system. The Program
will be reimbursed 100 per cent
by Federal funds.
Grant No. 6913
.$2,807.00 for the SAT
.Preparation Program for 1993-94
· to provide funds from student
fees for instruction to prepare
students for the Scholastic
-Aptitude Test.
A report of the. Acting Director of Finance
concurring in the request of the School Board, was also
before the body. '..
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. White moved that the ~ollowing ordinance be
placed upon its first reading:
(~31698) AN ORDINANCE to amend and reordain certain
sections of the 1993-94 School and General Fund
Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 342.) ~
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers 4.
NAYS: None 0.
(Council Members Harvey, McCadden and Musser were
absent.)
REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY:
A communication from Kit B. Kiser, the City's
Representative to the Roanoke Valley Regional Solid Waste
Management Board, a{vising that two agreements,
Distribution and Indemnification Agreement and Assignment
Agreement, both executed on October 23, 1991, provided
for the orderly transfer of unencumbered funds, employees
91
AC?ZON:
and equipment and enumerated responsibilities for closure
and post closure care between the two landfill agencies,
with approval of member Jurisdictions, was before
Council.
It was further advised that a date certain is needed
for orderly planning between the landfill agencies; that
real estate interest(s) are not affected by the
agreements; that ownership interest in the real estate of
the old landfill still belongs to Roanoke City, Roanoke
County and the Town of Vinton; that a communication and
form of implementation was submitted to the City Manger
from Authority Chairperson Gardner W. Smith; that the
Implementation Agreement provides that assets and
liabilities will be transferred, effective September 30,
1993, with the Authority operating the current landfill
for the Board until Smith Gap Landfill is operational;
and upon termination of activity at the current landfill,
the Authority will act as the Board's agent to provide
for closure and establish post closure care, with funds
estimated to be needed for the purpose being stipulated
as part of the Implementation Agreement.
Mr. Kiser recommended that Council approve the
Implementation Agreement, effective October 1, 1993, and
authorize execution of same by the City Manager or the
Assistance City Managers.
(For full text, see communications on file in the City
Clerk's Office.)
Mr. Fitzpatrick offered the following resolution:
(%31699-092793) A RESOLUTION authorizing execution
of an implementation agreement among the Roanoke Valley
Regional Solid Waste Management Board, the City of
Roanoke, the County of Roanoke, the Town of Vinton, and
the Roanoke Valley Resource Authority providing for the
implementation of certain agreements among the parties in
connection with the transfer of operations from the
Roanoke Valley Regional Solid Waste Management Board to
the Roanoke Valley Resource Authority.
(For full text of Resolution, see Resolution Book No. 55,
page 332.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31699-092793. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
92
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers-- 4.
NAYS: None,
(Council Members Harvey, McCadden and Musser were
absent.)
REPORTS OF OFFICERS:.
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-YOUTH-YOUTH CORRECTIONAL FACILITIES:
The City Manager submitted a written report advising that
the Crisis Intervention Center (Sanctuary) previously
operated with a waiting list for services; that a United
States Department of Health and Human Services Runaway
Homeless Youth Grant has provided outreach services
impacting 105 families -since January 1990; that the
waiting list has been virtually reduced from as many as
20 to an average of six or less, depending on the rate of
crisis calls; and currently three 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.
03CY0269/05 has been received for a fifth year, in the
amount of $83,322.00, for the City's Crisis Intervention
Center Outreach Program, for the period September 1, 1993
through August 31, 1994; that the total grant project
period is renewed for three years, September 1, 1992
through August 31, 1995; that the City's in-kind
contribution of $8,332.20 will be for management time,
clinical supervision, a~ office space (support services
only with no direct in-kind dollars from the City); and
grant funds will be used~for three staff positions, i.e.:
Outreach Counselor I, Group Home Counselor II, and a
Social Worker Case Aide.
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. 03CY0269/05; and that Council appropriate $83,322.00
ACTION=
ACTION=
of Federal grant funds to certain revenue and expenditure
accounts to be established in the Grant Fund by the
Acting Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following budget
ordinance be placed upon its first reading:
(931700) AN ORDINANCE to amend and reordain certain
sections of the 1993-94 Grant Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 344.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles ---------4.
and Mayor Bowers
Musser were
NAYS: None
(Council Members Harvey, McCadden and
absent.)
Mrs. Bowles offered the following resolution:
(931701-092793) A RESOLUTION authorizing acceptance
of the United States Department of Health and Human
Services Runaway and Homeless Youth Program Grant.
(For full text of Resolution, see Resolution Book No. 55,
page 333.)
Mrs. Bowles moved the adoption of Resolution No.
31701-092793. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers-
NAYS= None
Musser were
(Council Members Harvey, McCadden and
absent.) ~
ACTION:
BUDGET-HEALTH DEPARTMENT-HUMAN DEVELOPMENT-CITY
EMPLOYEES-GRANTS-SEXUALLY TRANSMITTED DISEASES: The City
Manager submitted a written report advising that the
demand for HIV/AIDS related services is growing in the
City; that the AIDS Council of Western Virginia has
provided case management services in the past to several
patients within the City, however, their updated service
plan states that client services will be phased out; and
the burden of client services will rest in the HIV/AIDS
Program at the Roanoke City Health Department.
It was further advised that the Roanoke City Health
Department has been awarded a grant, in the amount of
$32,000.00, from the Bureau of Sexually Transmitted
Disease/AIDS with the Virginia Department of Health to
address case management service needs; and the Roanoke
City Health Department has a limit on the number of full-
time classified State positions to establish this
position.
The City Manager recommended that Council approue
the following actions:
authorize acceptance of the grant from the
Bureau of Sexually Transmitted Disease/AIDS
with the Virginia Department of Health; and
appropriate $32,000.00 to the following
accounts to be established by the Acting
Director of Finance in the Grant Fund, with a
corresponding revenue estimate:
Salaries
ICMADeferred Compensation
FICA
Hospitalization-Insurance
Life Insurance
Other (travel)~
$24,000.00
2,160.00
1,836.00
2,316.00
210.00
1~478.00
Total $32,000.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved that the following budget ordinance
be placed upon its firs~ reading:
95
ACTION=
(#31702) AN ORDINANCE to amend and reordain certain
sections of the 1993-94 Grant Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 345.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers-- 4.
NAYS: None 0.
(Council Members Harvey,
absent.)
McCadden and Musser were
Mr. White offered the following resolution:
(#31703-092793) A RESOLUTION authorizing the
acceptance of a grant from the Bureau of Sexually
Transmitted Disease/AIDS with the Virginia Department of
Health, and approving the establishment of a Health
Counselor position, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 55,
Page 333.)
Mr. White moved the adoption of Resolution No.
31703-092793. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers 4.
NAYS: None 0.
(Council Members Harvey,
absent.)
McCadden and Musser were
BUDGET-HEALTH DEPARTMENT-HUMAN DEVELOPMENT-CITY
EMPLOYEES-GRANTS: The City Manager submitted a written
report advising that the Virginia Department of Medical
Assistance Services (Medicaid) Program now provides that
eligibility workers may be outposted where recipients
receive services to insure that all citizens have an
opportunity to apply for Medicaid; and the Virginia
Department of Medical Assistance Services and State
Department of Social Services have designed a program to
outpost eligibility workers.
ACTION:
It was explained that the Roanoke City Health
Department has requested that the Roanoke City Department
of Social Services place an eligibility worker at the
Health Department to take applications and determine
eligibility for Medicaid; and the Health Department
currently has no outposted Medicaid eligibility workers.
The City Manager recommended that he be authorized
to execute an agreement and all ancillary documents
required to establish a new eligibility position with the
Department of Social Services to be assigned to the
Roanoke City Health Department; and that Council
appropriate $18,609.00 to revenue and expenditure
accounts to be established by the Acting Director of
Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles move~ that the following budget
ordinance be placed upon-its first reading:
(#31704) AN ORDINANCE to amend and reordain certain
sections of the 1993-94 Grant Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 346.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers = 4.
NAYS: None ~ 0.
(Council Members Harvey, McCadden and Musser were
absent.)
Mrs. Bowles offered the following resolution:
(#31705-092793) A RESOLUTION authorizing the
establishment of new grant eligibility position in the
Department of Social Services, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 55,
page 334.) ~
97
ACTION=
Mrs. Bowles moved the adoption of Resolution No.
31705-092793. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers-- 4.
NAYS: None -0.
(Council Members Harvey, McCadden and Musser were
absent.)
HUMAN DEVELOPMENT-CITY EMPLOYEES: The City Manager
submitted a written report advising that Chapter 2,
Section 2-45, Leave of Absence for Educational Purposes,
Code of the City of Roanoke (1979), as amended, provides
for a leave of absence for educational purposes for City
employees, upon certain terms and conditions.
It was further advised that an employee in the City
Social Services Department, Michael D. Elmore, who is
completing the first year of his graduate work has
requested a leave of absence for educational purposes,
beginning January 18, 1994 through May 24, 1994, in order
to complete the requirements to obtain his 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 Mr. Elmore.
The City Manager recommended that Council approve a
Leave of Absence for Educational Purposes for Michael D.
Elmore, and that he be authorized to execute an
agreement, subject to approval by the City Attorney, to
provide for the terms and conditions of such educational
leave of absence.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following resolution:
(#31706-092793) A RESOLUTION approving the granting
of a leave of absence for educational purposes to
Michael D. Elmore, an employee of the Department of
Social Services.
(For full text of Resolution, see Resolution Book No. 55,
page 335.)
98
ACTION=
Mr. Fitzpatrick moved the adoption of Resolution No.
31706-092793. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers 4.
NAYS: None -0.
(Council Members Harvey, McCadden and Musser were
absent.)
BUDGET-SEWERSAND STORM DRAINS-CONSULTANTS REPORTS:
The City Manager submitted a written report advising that
consultant engineering services approved at the regular
meeting of Council held on March 8, 1993, included
various design services identified through the
infiltration/inflow (I/I) reduction studies; that Hayes,
Seay, Mattern & Mattern,~Inc., was selected for certain
projects in the competitive negotiation process and
Mattern & Craig, Inc., was selected for certain other
projects; and projects identified for Hayes, Sea¥,
Mattern & Mattern, Inc., include the following:
Shaffers Crossing Sewershed, Project SC-9,
consists of replacement and/or repair of 950
feet of eight inch sewer line along Glenrose
Avenue, N. W., from Golfside Avenue to Forest
Park Boulevard.
Garden City Sewershed, Project GC-1, consists
of replacement and/or repair of 3,650 feet of
eight inch sewer %She extending from Yellow
Mountain Road, S. E., through undeveloped land
to Tlpton Avenue. %
Murray Run Sewershgd, Project MR-2, consists
of replacement and/or repair of 2,860 feet of
18 inch sewer line extending eastward from
Sheffield Road, S. W., to Grace Avenue and
Just south of Brandon Avenue.
It was further advised that results of the sewershed
studies indicate that the abovedescribed projects require
implementation, therefore, an agreement has been
negotiated, as follows:
99
ACTION:
Shaffers Crossing Sewershed - proceed with
Phase I (preliminary design, Phase II (final
design), and Phase III (construction
administration) for Project SC-9;
Garden City Sewershed - proceed with Phase I,
II, and III for Project GC-1;
Murray Run Sewershed - proceed with Phase I,
II, and III for Project MR-2;
work is scheduled so as to stay within funding
limitations of the $1 million per year from
1993 through 1995 approved by Council at its
regular meeting on Monday, November 23, 1992;
consultant fee amount, following negotiations,
is $134,965.00, which is based on direct
personnel expenses' times an overhead and
profit multiplier of 2.0 plus reimbursable
expenses; and
documented flow data, accumulated as of
July 1, 1993, indicate monthly
infiltration/inflow (I/I) reduction to the
City sewer system of 11.7 million gallons per
month.
The City Manager recommended that he be authorized
to execute an engineering services agreement, in a form
to be approved by the City Attorney, with Hayes, Seay,
Mattern & Mattern, Inc.; and that Council appropriate
$141,700.00, from the ~ current Sewer Fund Retained
Earnings account to a new account to be established by
the Acting Director of Finance and entitled, "Sewershed
I/I Reduction - II", with $134,965.00 for engineering
services and $6,735.00 for contingency.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved that the following budget ordinance
be placed upon its first reading:
(#31707) AN ORDINANCE to amend and reordain certain
sections of the 1993-94 Sewage Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 347.)
100
ACTION:
The motion was seconded by Mr. Fitzpatrick and
adopted by the following .vote:
AYES:
and Mayor Bowers
NAYS: None
(Council Members Harvey,
absent.)
Council Members Fitzpatrick, White, Bowles
4.
McCadden and Musser were
Mr. White offered the following resolution:
(#31708-092793) A RESOLUTION authorizing the
execution of a contract with Hayes, Seay, Mattern &
Mattern, Inc., to provide certain engineering services,
specifically various phases of the design and
construction contract administration for portions of the
Sewershed Corrective Action project.
(For full text of Resolution, see Resolution Book No. 55,
page 335.)
?
Mr. White moved the adoption of Resolution No.
31708-092793. The motion:was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers 4.
NAYS: None 0.
(Council Members Harvey,
absent.)
McCadden and Musser were
BUDGET-SEWERSANDSTORMDRAINS-CONSULTANTS REPORTS:
The City Manager submitted a written report advising that
the consultant contract awarded by Council to Mattern &
Craig, Inc., on March 8, 1993, included various design
services identified through the sewershed infiltration/
inflow (I/I) reduction studies, which anticipated
subsequent phases to be based on preliminary design
studies; and current contract status is as follows:
Peters Creek Sewershed, Project PC-l, is in
the construction administration stage (Phase
Peters Creek Sewershed, Project PC-2, is in
the easement acquisition stage (Phase II).
101
Peters Creek Sewershed, Project PC-3 and PC-4,
are now in the preliminary design stage
(Phase I.)
Mudlick Sewershed, Projects ML-1 and ML-2, are
in the preliminary design stage (Phase I).
It was further advised that results of the sewershed
studies indicate that additional projects require
implementation, therefore, the agreement must be altered
to meet additional requirements; and details of Change
Order No. 2 are described as follows:
Peters Creek Sewershed - prepare plats for
easement vacations for PH-1, with existing
easements no longer to be needed upon
completion of new sewer mains;
Peters Creek Sewershed - proceed with easement
acquisition and final plans for construction
of Projects 2, 3 and 4;
Lick Run Sewershed - proceed with preliminary
design, easement acquisition and final plans
for construction on Projects 2~ 3 and 5;
Mudlick Sewershed - work is placed on hold as
these projects have less reduction of inflow/
infiltration than projects identical on Peters
Creek and Lick Run;
work is scheduled to stay within funding
limitations of $1 million per year from 1993
to 1995, approved by Council at its regular
meeting on Monday, November 23, 1992;
change order numbe~-.2, consultant fee amounts,
are as follows: ~
original fee amount
*amount of change order number 1
amount of change order number 2
credit for work not done on
ML-1 and ML-2
current fee amount
$140,800.00
2,300.00
207,500.00
- 9,762.98
$340,837.0~
102
ACTION:
*change order number i consisted of
five easement' plats and field
staking for realigned sewers and
change order number 2 fee is based
on employee's time at a multiplier
of 2.33 plus reimbursable expenses;
and
documented flow data accumulated as of July 1,
1993, indicates monthly infiltration/inflow
(I/I) estimated reductions to the City sewer
system will be approximately 82.7 million
gallons per month upon completion of the
recommended improvements.
The City Manager reconunended that he be authorized
to execute Change Order No. 2 to the contract with
Mattern & Craig, Inc.,-and that Council appropriate
$197,737.02 from the current Sewer Fund Retained Earnings
account to existing Account No. 003-056-8459-9055,
entitled "Sewershed I/I Reduction Design," for a total
contract amount of $358,000.00, with $340,837.02 for the
amended fee and $17,162.98 for contingency funds.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the following budget
ordinance be placed upon its first reading:
(#31709) AN ORDINANCE to amend and reordain certain
sections of the 1993-94 Sewage Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 348.)
The motion was seconded by Mrs. Bowles and adopted
by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers 4.
NAYS: None ........ 0.
(Council Members Harvey, McCadden and Musser were
absent.)
Mr. Fitzpatrick offered the following resolution:
103
ACTION:
(#31710-092793) A RESOLUTION approving the City
Manager"s issuance of Change Order No. 2 to the City's
engineering contract with Mattern and Craig, Inc., for
engineering services to provide design and contract
administration for the Sewershed Corrective Action
Project.
(For full text of Resolution, see Resolution Book No. 55,
page 336.)
Mr. Fitzpatrick moved the adoption of Resolution No.
31710-092793. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers -4.
NAYS: None 0.
(Council Members Harvey, McCadden and Musser were
absent.)
BUDGET-BRIDGES-CONSULTANTS REPORTS: The City
Manager submitted a written report advising that on
September 14, 1992, Council authorized award of an
engineering services contract to Hayes, Seay, Mattern &
Mattern, Inc., for replacement or repair of certain
bridge structures in various stages as directed by City
staff; that it was anticipated that decisions of final
plans and construction would be based on preliminary
design studies; and bridge structures and design phases
are as follows:
Structure No. 1822 on Main Street, crossing
Roanoke River for Phase I, PreliminaryDesign,
with cost estimate.
Structure No. 8064: on Ninth Street crossing
Roanoke River for Phase I, Preliminary Design,
with cost esttmatel'
Structure No. 8060'on Centre Avenue crossing
an unnamed branch-for Phase I, Preliminary
Design, Phase II, Final Design, and Phase III,
Contract Administration.
Structure No. 8042 on Shenandoah Avenue
crossing an unnamed branch for Phase I,
Preliminary Design, Phase II, Final Design,
and Phase III, Contract Administration.
104
ACTION=
It was further advised that Structure No. 1822 on
Main Street crossing Roanoke River is now in Phase I,
Preliminary Design; that Structure No. 8064 on Ninth
Street crossing the Roanoke River is in Phase I,
Preliminary Design; that Structure No. 8060 on Centre
Avenue crossing an unnamed branch is in Phase III,
Contract Administration; that Structure No. 8042 on
Shenandoah Avenue crossing an unnamed branch is now in
Phase III, Contract Administration; and recent bridge
inspections of the First Street Bridge over the N & W
Railway (Structure 8002) indicate that the bridge should
be closed to traffic unless certain repairs, exclusive of
complete design for replacement, are made at the earliest
possible date (the structure is currently being monitored
at frequent intervals and-stress movements throughout the
bridge continue to accelerate).
It was explained .that following proposals and
negotiations with City staff, Hayes, Seay, Mattern &
Mattern, Inc., has agreed to amend its Agreement for
Consultant Services dated August 17, 1992, to perform the
work for $7,800.00; that Amendment No. 1 will be in the
form of a detailed engineering report to confirm specific
repairs necessary to maintain the integrity and safety of
the bridge that cannot be delayed until such time as the
Second Street Bridge is constructed; and upon completion
of the Second Street Bridge, the First Street Bridge may
then be considered for full repair, closure or limited to
pedestrian use. ~
The City Manager r~commended that be b~ authorized
to execute Amendment No. 1 to the engineering services
contract with Hayes, Seay, Mattern & Mattern, Inc., in a
form to be approved by the City Attorney, in the amount
of $7,800.00, for a total amended contract amount of
$220,759.00; and that Council appropriate $8,000.00 to
Capital Projects Fund Account No. 008-052-9548-9003,
Bridge Replacement/Repair Engineering, which funds are
available and designated for this purpose in General Fund
Account No. 001-004-9310-9508.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles move~ that the following budget
ordinance be placed upo~ its first reading:
105
ACTION:
(#31711) AN ORDINANCE to amend and reordain certain
sections of the 1993-94 Capital Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 349.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers--- 4.
NAYS: None
(Council Members Harvey, McCadden and Musser were
absent.)
Mrs. Bowles offered the following resolution:
(#31712-092793) A RESOLUTION authorizing the
execution of A~endment No. 1 to the City's contract with
Hayes, Seay, Mattern & Mattern, Inc., for additional
engineering services to be performed in connection with
the replacement or repair of certain bridge structures.
(For full text of Resolution, see Resolution Book No. 55,
page 337.)
Mrs. Bowles moved the adoption of Resolution No.
31712-092793. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers 4.
NAYS: None
Oo
(Council Members Harvey, McCadden and Musser were
absent.)
BUDGET-BRIDGES-CONSULTANTS REPORTS: The City
Manager submitted a written report advising that on
September 14, 1992, Council authorized award of an
engineering services contract to Mattern & Craig, Inc.,
for replacement or repair of certain bridge structures in
various stages as directed by City staff; that it was
anticipated that decisions on final plans and
construction would be based on preliminary design
studies; and bridge structures for design phases are as
follows:
106
Structure No. 8003 on Jefferson Street
crossing the N & W Railway for Phase I,
Preliminary Design, with cost estimate.
Structure 8038 on Broadway Street crossing Ore
Branch for Phase I, Preliminary Design, with
cost estimate.
Structure No. 8061 on Holltns Road crossing
Lick Run for Phase I, Preliminary Design, with
cost estimate. ~
Structure No. 8052-on Craig Robertson Road
crossing Garnand Branch for Phase I,
Preliminary Design,. Phase II, Final Design,
and Phase III, Contract Administration.
It was further advised that Structure No. 8003 on
Jefferson Street crossing N & W Railway, Phase I,
Preliminary Design, is complete; that Structure No. 8038
on Broadway Street crossing Ore Branch, Phase I,
Preliminary Design, is complete; that Structure No. 8061
on Hollins Road crossing Lick Run, Phase I, Preliminary
Design, is complete; that Structure No. 8052 on Craig
Robertson Road crossing Garnand Branch, Phase I,
Preliminary Design, and~ Phase III, Final Design, are
complete, and Phase III, Contract Administration, is
underway; and recent detailed investigations of the
Jefferson Street Bridge~ and the Hollins Road Bridge
(Structures 8003 and 8061) indicate that the two
structures require further implementation of Phases II
and III, designated as Amendment No. 1, in order to
assure continued safety to the traveling public.
It was explained that Jefferson Street Bridge will
be designed as two projects; and Hollins Road Bridge over
Lick Run (Structure No. 8061) consists of replacement of
two spans across Lick Run and minimal necessary repairs
of masonry wall supporting spans three through eight,
with an estimated cost of $250,000.00.
The City Manager advised that following negotiations
with City staff, Mattern & Craig, Inc., has agreed to
amend the Agreement for Consultant Services dated
August 6, 1992, to perform the work as Amendment No. 1
for the amount of $138,500.00; and the amended agreement,
including Amendment No. 1, is clarified as follows:
107
ACTION:
Original contract amount
Amendment No. 1:
Jefferson Street Bridge
Hollins Road Bridge
Subtotal
$81,900.00
56~600.00
$134,200.00
138t500.00
Amended Contract Amount
The City Manager recommended that he be authorized
to execute Amendment No. 1 to the Agreement for
Consulting Services with Mattern & Craig, Inc., in a form
to be approved by the City Attorney, in the amount of
$138,500.00, for a total amended contract amount of
$272,700.00; and that Council appropriate $145,425.00 to
Capital Projects Fund Account No. 008-052-9548-9003,
Bridge Replacement/Repair Engineering, which funds are
available and designated for this purpose in General Fund
Account No. 001-004-9310-9508.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved that the following budget ordinance
be placed upon its first reading:
(#31713) AN ORDINANCE to amend and reordain certain
sections of the 1993-94 Capital Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 350.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers 4.
NAYS: None 0.
(Council Members Harvey, McCadden and Musser were
absent.)
Mr. White offered the following resolution:
(#31714-092793) A RESOLUTION authorizing the
execution of Amendment No. 1 to the City's contract with
Mattern and Craig, Inc., for additional engineering
108
ACTION:
ACTION:
services to be performed in connection with the
replacement or repair of certain bridge structures.
(For full text of Resolution, see Resolution Book No. 55,
page 337.)
Mr. White moved the adoption of Resolution No.
31714-092793. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers 4.
NAYS: None. 0.
(Council Members Harvey, McCadden and Musser were
absent.)
ACTING DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Acting Director of
Finance submitted the financial report for the City of
Roanoke for the month of August 1993.
(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.
Fitzpatrick and adopted.
BUDGET-CITY EMPLOYEES-PENSIONS: The Acting Director
of Finance submitted a written report advising that on
May 11, 1992, Council adopted Ordinance No. 31005-051192
which provided a three per cent lump sum payment based on
annual pension to eligible members of the City of Roanoke
Pension Plan; and on July 2, 1993, 968 retirees received
the increase based on certain qualifications:
It was further advised that the lump sum payment was
a one-time cost of $188,000.00 to the Pension Plan; and
in order to partially address the funding requirements of
said increase, a one-time lump sum payment, in the&mount
of $160,000.00, was designated from the fiscal year 1993
year-end fund balance.
109
ACTION:
The Acting Director of Finance recommended that
Council adopt a budget ordinance appropriating
$160,000.00 to the General Fund Account No. 001-004-9110-
1105, to be transferred to the City of Roanoke Pension
Plan.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following budget
ordinance be placed upon its first reading:
(#31715) AN ORDINANCE to amend and reordain certain
sections of the 1993-94 General Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 351.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers- -4.
NAYS: None
e
(Council Members Harvey, McCadden and Musser were
absent.)
REPORTS OF COMMITTEES:
WATER RESOURCES-POLICE DEPARTMENT-DOWNTOWNROANOKE,
INCORPORATED: Council Member Elizabeth T. Bowles,
Chairperson of the Water Resources committee, presented
a written report on behalf of the Committee with regard
to execution of a lease agreement for use of a horse
stable located at 1615 Cleveland Avenue, S. W., by the
Police Department's mounted patrol.
A staff report advised that a horse mounted downtown
patrol unit is to be implemented by the Police
Department; and a stable for the horses is necessary in
the downtown area; that a stable located at 1615
Cleveland Avenue, S. W., has been offered to the City for
use at a nominal lease fee by Richard E. and Margaret P.
Harman; and the stable is of the required size and is
located in an area that would satisfy the requirements of
the Police Department.
110
ACTION:
The Water Resources Committee recommended that
Council authorize the City Manager to execute a lease of
premises containing a stable office and three parking
spaces, along with access by way of a common driveway,
for a portion of property identified as Official Tax No.
1320805, located at 1615 Cleveland Avenue, S. W., owned
by Richard E. and Margaret P. Harman.
(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:
(#31716) AN ORDINANCE authorizing and directing the
proper City officials to-enter into a lease between the
City of Roanoke and Richard E. and Margaret P. Harman,
for use by the Police Department of premises located at
1615 Cleveland Avenue, S. W., Roanoke, Virginia, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 352.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers -4.
NAYS: None
(Council Members
absent.)
-0.
Harvey, McCadden and Musser were
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
STREETS ANDALLEYS: Ordinance No. 31673 permanently
vacating, discontinuing and closing all of Fairmont Place
and two adjacent ten foot alleys bounded by lots
described as Official Tax Nos. 3042141, 3042121 and
3042101 - 3042105, ~nclusive, 3042129 and 3042108 -
3042110, inclusive, ha~ing previously been before the
Council for its first reading on Monday, September 13,
1993, 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:
111
ACTION:
ACTION:
(#31673-092793) 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. 54,
page 327.)
Mrs. Bowles moved the adoption of Ordinance No.
31673-092793. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers 4.
NAYS: None
®
(Council Members Harvey, McCadden and Musser were
absent.)
ZONING: Ordinance No. 31674 rezoning a 3.25 acre
tract of land located at the southeast intersection of
Hollins Road and Pocahontas Avenue, N. E., described as
Official Tax Nos. 3042104 - 3042107, inclusive, and
3042121 - 3042129, inclusive, and an unnumbered circular
parcel surrounded by Fairmont Place, from RM-1,
Residential Multi-family, Low Density District, to LM,
Light Manufacturing District, subject to certain
conditions proffered by the petitioners, having
previously been before the Council for its first reading
on Monday, September 13, 1993, 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:
(#31674-092793) AN ORDINANCE to amend Section
36.1-3, Code of the City of Roanoke (1979), as a~ended,
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. 54,
page 329.) ~
Mr. Fitzpatrick moved the adoption of Ordinance No.
31674-092793. The motion was seconded by Mr. White and
adopted by the following vote:
112
ACTION:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers 4.
NAYS: None
(Council Members Harvey, McCadden and Musser were
absent.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-LANDMARKS/
HIST. PRESERVATION: Ordinance No. 31695 authorizing the
exchange of a City-owned five foot wide strip of
property, formerly the southerly one-half of an alley
along the rear of property commonly known as 118, 120,
122 and 124 Campbell Avenue, S. W., for property owned by
James L. Trinkle, described as a 6.5 foot by 25.0 foot
area upon which a portion of a two story addition on the
rear of 124 Campbell Avenue, S. W., encroaches, upon
certain terms and conditions as set forth in a report to
the Water Resources Committee dated August 23, 1993,
having previously been before the Council for its first
reading on Monday, September 13, 1993, 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:
(#31695-092793) AN ORDINANCE authorizing the
execution of certain documents relating to the exchange
of certain property between the City and James L.
Trinkle, subject to various terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 331.)
Mrs. Bowles moved the adoption of Ordinance No.
31695-092793. The motion was seconded by Mr. Fitzpatrick
and adopted by the foil.owing vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers 4.
NAYS: None 0.
(Council Members Harvey, McCadden and Musser were
absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: t
113
ACTION:
ACTION:
TRAFFIC-STATE HIGHWAYS: The Mayor advised that on
several occasions over the last 60 days discussions have
been held with regard to the building of a new interstate
highway through southwest Virginia to be known as 1-73.
He stated that Roanoke missed a great opportunity by not
being the intersection of 1-64 and 1-81 when plans for
these highways were developed in the 1950's. He
explained that the interstate highway system is an
important part of economic development and it is believed
that it would be to the advantage of the City to Join in
this initiative to bring 1-73 through the City of
Roanoke. Also, he pointed out that routing of 1-73
through or near the City of Roanoke would play an
important role in the City's tourism initiative.
The Vice-Mayor called attention to the importance of
the issue, and stated that the confluence of two
interstates has a great impact on a locality's economic
health. He advised that the City should do everything
within its power to encourage appropriate officials that
the road should go from Princeton down the Route 460
Corridor to Blacksburg,'~ut the Smart Road Corridor to
1-81, 1-81 to Roanoke~ and upgrade Route 220 to
interstate standards to Greensboro.
Mr. Fitzpatrick moved that the matter be referred to
the City Manager for study, report and recommendation to
Council. The motion was seconded by Mr. White and
adopted.
OTHER HEARINGS OF CITIZENS: None.
At 3:30 p.m., the Mayor declared the meeting in
recess.
At 4:45 p.m., the m~eting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Members Harvey, McCadden and 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:
(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:
114
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers -4.
NAYS: None 0.
(Council Members Harvey,
absent.)
McCadden and Musser were
DIRECTOR OF FINANCE-CITY EMPLOYEES: Mr. Fitzpatrick
offered the following resolution:
(#31717-092793) A RESOLUTION electing and
appointing James D. Grtsso as Director of Finance for the
City of Roanoke, effective September 28, 1993, and
ratifying the terms and conditions of employment as
Director of Finance offered to Mr. Grisso in a certain
letter.
(For full text of Resolution, see Resolution Book No. 55,
page 338.)
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No.
31717-092793. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Fitzpatrick, White, Bowles
and Mayor Bowers 4.
NAYS: None 0.
(Council Members Harvey,
absent.)
McCadden and Musser were
There being no further business, the Mayor declared the
meeting adjourned at 4:55 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
115
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
October 4, 1993
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, October 4,
1993, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings-, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members James G. Harvey, II, Delvis O.
McCadden, William White, Sr., and Mayor David A. Bowers 4.
ABSENT: Council Members Elizabeth T. Bowles, Howard E. Musser
and Vice-Mayor Beverly T. Fitzpatrick, Jr.- 3.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Rltchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
BID OPENINGS
SEWERS AND STORM DRAINS-WATER RESOURCES: Pursuant
to notice of advertisement for bids for alterations to
Aeration Basins Nos. 7 and 9 and Nitrification Basins
Nos. 1, 2, 3 and 4 at the Water Pollution Control Plant,
1402 Bennington Street, S. E., said bids to be received
by the City Clerk until 1:30 p.m., on Monday, October 4,
1993, 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:
116
ACTION:
ACTION:
ACTION:
BIDDER
TOTAL AMOUNT
Breakell, Inc.
Acorn Construction, Ltd.
S. C. Rossi & Co., Inc.
Montvale Construction, Inc.
$157,800.00
158,800.00
178,500.00
279,775.00
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. McCadden and adopted.
The Mayor appointed William White, Sr., Chairperson,
Kit B. Kiser and M. Craig Sluss as members of the
committee.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
?
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
Mr. Harvey and adopted by the following vote:
117
AC?ION:
ACTION:
AYES:
Mayor Bowers
Council Members Harvey, McCadden and
4.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.)
PENDING LIST: A list of items pending from
February 10, 1992 through September 27, 1993, was before
Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mr. White 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, McCadden and
Mayor Bowers 4.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.)
OATHS OF OFFICE-COMMITTEES-YOUTH-BLUE RIDGE
COMMUNITY SERVICES-MENTAL HEALTH SERVICES: A
communication from Ms. Susan J. Cloeter tendering her
resignation as a member of the Blue Ridge Community
Services Board of Directors, effective immediately, was
before Council.
(For full text, see communication on file in the City
Clerk's Office.) :
Mr. White 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 Harvey, McCadden and
Mayor Bowers 4.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.)
118
ACTION:
ACTION:
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION:
A report of qualification of Elizabeth H. Muse as a
member of the Roanoke Arts Commission, to fill the
unexpired term of Kemper A. Dobbins, deceased, 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, McCadden and
Mayor Bowers 4.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser 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 appropriation of $10,000.00
to be used for the Voc~tional Education Teen Mothers
Program to provide child care for students enrolled in
the Teen Parents Employability Development Class, said
Program to be one hundred per cent reimbursed by Federal
funds, was before Council.
A report of the Director of Finance concurring in
the request of the School Board, was also before Council.
(For full text, see communication and report on file in
the City Clerk's Office..)
Mr. White moved that the following budget ordinance
be placed upon its first reading:
(#31718) AN ORDINAN~CE to amend and reordain certain
sections of the 1993-94 School Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
362.)
119
ACTION:
The motlon was seconded by Mr. McCadden and adopted
by the following vote:
AYES: Councll Members Harvey, McCadden and
Mayor Bowers 4.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.)
NATIONAL LEAGUE OF CITIES-VIRGINIAMUNICIPALLEAGUE-
COUNCIL: A communication from Mayor David A. Bowers
advising that inasmuch as the majority of Council will
attend the Virginia Municipal League Annual Conference on
October 17 - 19, 1993, in Richmond, Virginia, the City
Attorney was requested to prepare the proper measure
cancelling the regular meeting of City Council scheduled
for Monday, October 18,- 1993, at 2:00 p.m.; and to
prepare a measure designating Council Member Elizabeth T.
Bowles as the City's Voting Delegate at the Annual
Business Meeting of the Virginia Municipal League to be
held on Tuesday, October 19, and designating the City
Manager as Staff Assistant for any meetings of the Urban
Section of the League, was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Harvey offered the following resolution:
(#31719-100493) A RESOLUTION designating a Voting
Delegate for the Annual Business Session of the Virginia
Municipal League and designating a Staff Assistant for
any meeting of the Urban Section of the League.
(For full text of Resolution, see Resolution Book No. 55,
353.)
Mr. Harvey moved the adoption of Resolution No.
31719-100493. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Harvey, McCadden and
Mayor Bowers 4.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.)
120
ACTION:
ACTION:
Mr. McCadden offered{ the following resolution:
(#31720-100493) A RESOLUTION designating a Voting
Delegate for the Annual Business Meeting of the National
League of Cities.
(For full text of Resolution, see Resolution Book No. 55,
354.)
Mr. McCadden moved the adoption of Resolution No.
31720-100493. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council
Mayor Bowers---
Members Harvey, McCadden and
4.
NAYS: None
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.)
Mr. White offered the following resolution:
(#31721-100493) A RESOLUTION cancelling the meeting
of the Council of the ~ity of Roanoke scheduled for
Monday, October 18, 1993, at 2:00 p.m.
(For full text of Resolution, see Resolution Book No. 55,
355.)
Mr. White moved t~e adoption of Resolution No.
31721-100493. The motion was seconded by Mr. McCadden
and adopted by the following vote:
Members Harvey,
AYES: Council McCadden and
Mayor Bowers ~ ....... 4.
NAYS: None -
(Vice-Mayor Fitzpatrick .and Council Members Bowles and
Musser were absent.)
REPORTS OF OFFICERS:
CITY MANAGER: {.
BRIEFINUS:
121
YOUTH-PARKS AND RECREATION-POLICE DEPARTMENT: The
Director of Public Safety advised that in the spring of
1992, the community embarked up a process to enrich the
summer experience for its young people, which became
known as the "Youth Summit", and as a result, the
following programs were developed:
The Stars Come Out At Night
Adventures in the Parks
Youth Interns and Volunteerism
Teens Special Events
A two-day DARE Camp
He explained that during the fiscal year 1993-94 budget
process, Council supported the continuation of these
programs, which have been a collaborative effort between
City staff, School staff,-community and volunteer action
agencies, and parents. He stated that over 1,900 youth
were actively involved in the programs and 81 young
people were employed on a part-time basis as camp
counselors, youth coaches, youth directors, Job
supervisors and Job develbpers. He advised that much of
the focus for the 1993 Youth Summit was on mentoring,
nurturing and role modeling by the 81 young adults in
relationship to their younger counterparts, with a
concerted effort to teach understanding risk-taking and
its consequences, and empowering young people to improve
their lives.
Following the viewing of a video on the various
programs, Owen M. Grogan, Superintendent of Recreation,
gave a synopsis of the "Adventures in the Parks", "Stars
Come Out At Night", and ,'Teen Special Events" programs.
He advised that the "Adventures in the Parks Program" was
conducted in eight City parks for three hours each
weekday morning, which included participation by
approximately 700 young people, and approximately 40 jobs
were created for young adults. He further advised that
the "Stars Come Out At Night Program" was conducted in
the evening, with participation by approximately 700
youth and employment of 27 young adults. He noted that
over the course of the summer, Friday night swimming pool
parties were offered at either Washington Park or Fallon
Park swimming pools, and over 300 teens were in
attendance at each event. In summary, Mr. Grogan advised
that the programs touched the lives of people in nearly
every quadrant of the City.
122
C. Frank Garret, School Resource Officer at Woodrow
Wilson Middle School, presented a briefing on the Police
DARE Camp. He advised that 96 rising sixth graders
participated in a four day adventure with Police
officers, which included high rope courses, inner-tubing
down the New River, horseback riding and rock-wall
climbing. He explained that Police officers wanted to
show the young people the safety of risk taking under
trained, supervised guidance, because it is known that
young people need an extra boost of confidence with all
of the peer pressure involved in today's society.
Marion V. Crenshaw,-Youth Planner, reviewed the
"Youth Jobs Interns and Volunteerism Program". She
explained that the program provided an opportunity for
young people between the ages of 12 and 17 to meet and
decide that they wished to be a part of the City's
economic development and.have an impact on their City.
She advised that participants learned how to write a
r~sum~ and how to think about the world of work, not Just
as a means to earn money, but as a part of their
livelihood and their future through mentoring, classroom
exposure, r~sum~ writing,~role playing, goal setting and
public speaking.
Without objection by Council, the Mayor advised
that the oral reports would be received and filed.
REFUSE COLLECTION-RECYCLING: The Director of Public
Works advised that with the support of Council, the new
curbside/alleyside refuse collection program was
implemented approximately four months ago, which has
proven to be a cost-effig/ent new venture on the part of
the City. He called upqn James A. McClung, Manager of
Fleet and Solid Waste Management, for a briefing on the
program. ,.
Mr. McClung advised that on June 7, 1993, the
program was implemented~with the goal to minimize cost
and maximize efficiency by providing once per week
quality refuse collection service to approximately 36,000
households in the Clty,~ and curbside/alleyside refuse
collection has enabled the City to reach its goal. He
explained that the initial assignment was to identify and
organize committees to address issues with regard to a
plan of action, and 23 employee volunteers from the
Solid Waste Management Department agreed to actively
participate on the following committees: Route Committee,
123
Public Information Committee, Premium Service/Physically
Unable Service Committee, Personnel Committee and Code
Review Committee. He advised that committees met on a
weekly to daily basis and accomplished the following:
The Route Committee Conducted house counts in
residential neighborhoods, amd set up test
runs in the various quadrants of the City,
which enabled compilation of a new route plan.
The Public Information Committee developed a
logo and door hangers that were delivered to
each and every City residence, and worked in
conjunction with the City's Public Information
Officer to prepare news releases regarding the
program.
The Premium Service/Physically Unable Service
Committee prepared necessary forms, met with
and identified those residents requiring
special service, and identified and provided
release of liability agreements to the owners
of private drives for execution.
The Personnel Committee identified department
employees to be transitioned out of the Solid
Waste Department, met weekly with those
employees, and reviewed the City's weekly Job
opening list.
The Code Review Committee looked at existing
provisions pertaining to refuse collection and
will submit a recommendation at a later date
with regard to proposed revisions.
Mr. McClung advised that 19 employees were affected,
and of those 19, six were transferred to the recycling
and bulk brush recycling program, four are vacant
positions that were eliminated, two persons have resigned
since inception of the program, and two individuals are
being considered for Job openings in another City
departmsnt, which leaves five employees to be placed
between now and the ehd of the calendar year. He
explained that the Route Committee recommended reducing
the number of routes from 16 to 14, and routes were set
up to distribute the work load as evenly as possible;
that the physically unable refuse service is currently
being provided at no cost to 825 residential customers
who are unable to bring their refuse to the street or
alley due to physical limitations, and premium services
are currently provided to 43 residential customers who
124
ACTION:
are physically able to carry their refuse to the street
but wish to continue receiving backyard service. He
added that 165 private drives and roadways have been
identified and are utilized for refuse collection
service, and liability release agreements will be secured
by the City from the property owners.
In conclusion, Mr. McClung advised that program cost
savings for the refuse collection budget is estimated to
be $402,000.00 annually,.~resulting from reduced labor
costs and equipment needs; and a portion of the savings
will be used to offset ~the State mandated recycling
program, and the net reduction will be $260,000.00 as of
January 1, 1994. ~
Without objection by'Council, the Mayor advised that
the remarks of Mr. McClung would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
VIRGINIA MUNICIPAL LEAGUE-LEGISLATION: The City
Manager submitted a written report transmitting copy of
a communitcation from Gary W. Crizer, Director of Sales
and Marketing, Hotel Roanoke and Conference Center,
submitting a proposal to %he Virginia Municipal League on
behalf of the Hotel Roarkoke Conference Center that the
City of Roanoke serve as ~ost to the for the 1996 Annual
Conference of the Virginia Municipal League.
The City Manager recommended that Council adopt a
measure officially expregsing the desire of Council that
the City of Roanoke be.the site for the 1996 Annual
Meeting of the Virginia Municipal League.
(For full text, see report and communication on file in
the City Clerk's Office.;)
Mr. White offered the following resolution:
(#31722-100493) A RESOLUTION expressing the desire
of this Council that the~Clty of Roanoke be the site for
the 1996 Annual Meeting of the Virginia Municipal League.
(For full text of Resolution, see Resolution Book No. 55,
353. )
Mr. White moved the adoption of Resolution No.
31722-100493. The motion was seconded by Mr. Harvey and
adopted by the following vote:
125
I]
AYES: Councll Members Harvey, McCadden and
Mayor Bowers 4.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.)
HOUSING/AUTHORITY-TOTAL ACTION AGAINST POVERTY-
GRANTS: The Clty Manager submitted a written report
advising that on May 13, 1991, Council authorized an
allocation of $145,000.00 of Community Development Block
Grant (CDBG) funds to Total Action Against Poverty (TAP)
as a part of the overall CDBG program budget, pursuant to
Resolution No. 30508-051391; and on September 23, 1991,
Council authorized execution of an agreement between the
City and TAP providing for the loan of $145,000.00 to TAP
for a period of 15 years at one per cent interest,
pursuant to Resolution NoJ 30708-092391, which funds were
designated for the purchase of five vacant and
deteriorated structures that TAP lntends to rehabilitate
into 12 apartments and rent to 43 formerly homeless
Individuals.
It was further advised that Total Action Against
Poverty has received a commitment for $500,000.00 from
the Virginia Housing Partnership Fund SHARE program to be
used toward the project;, that out of the $500,000.00,
$150,000.00 is to be used as an energy grant to TAP and
$350,000.00 to be used as a one per cent interest loan
for 15 years; that a loan~to Total Action Against Poverty
will be secured by a Purchase Money Deed of Trust on each
of the five subject properties; and supportive services
for the 43 individuals will be provided by nine local
service agencies including TAP, Mental Health Services,
Veterans Administration ~Medtcal Center, Fifth District
Employment and Training Consortium, and the City of
Roanoke Department of Social Services.
The City Manager explained that NattonsBank has
agreed to provide rehabilitation funding, in the amount
of $867,000.00; that at the conclusion of rehabilitation,
the loan from NationsBank will be paid off with private
investment funds, for which no security is required, and
loan proceeds from the Commonwealth of Virginia, in the
amount of $350,000.00; that in addition, security for a
loan from Total Action Against Poverty to HOME for
$48,000.00 will be placed on the subject properties; that
the rehabilitation loan.of $867,000.00 from NationsBank
closed on September 30, 1993; that NationsBank security
is second in priority behind the Deeds of Trust in favor
126
ACTION:
of the City, however, NahionsBank has requested to be
placed first in priority; ~hat the City Administration is
willing to take second position behind NationsBank during
rehabilitation, and third position behind the
Commonwealth of Virginia for $302,000.00 (the City
Manager revised the firgure to read $350,000.00) and
Total Action Against Poverty for $48,000.00 after the
work has been completed; and an amendment to the
Agreement dated December 22, 1992, and a subordination
agreement will need to he.executed between the City, TAP
and the Roanoke At Home LSmited Partnership, which will
permit the subordination of the City's Deeds of Trust.
The City Manager rec6mmended that he be authorized
to execute an amendment to the contract dated
December 22, 1992, between the City, Total Action Against
Poverty and Roanoke At Home Limited Partnership, a
subordination agreement, add other appropriate documents,
to be approved as to forA-by the City Attorney.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following resolution:
(#31723-100493) A ~ESOLUTION authorizing the City
Manager to execute Amendn%ent No. 1 to the Agreement with
Roanoke At Home, a Virginia limited partnership, and
Total Action Against Poverty in Roanoke Valley, Inc., to
provide for changing the priority of the City's secured
interest and extending the date of completion of the
structures.
(For full text of Resolution, see Resolution Book No. 55,
356.)
Mr. McCadden moved :the adoption of Resolution No.
31723-100493. The motion was seconded by Mr. White and
adopted by the followin~ vote:
AYES: Council Members Harvey, McCadden and
Mayor Bowers- r 4.
NAYS: None
(Vice-Mayor Fitzpatrick.~and Council Members Bowles and
Musser were absent.) .
BUDGET-WATER RESOURCES: The City Manager submitted
a written report advising that acceptance of a bid
submitted by Hammond-Mitchell, Inc., for the construction
127
ACTION:
of the Falling Creek Finished Water Reservoir was
approved by Council on July 26, 1993, and construction
commenced on August 23, 1993.
It was further advised that concrete fill is
necessary to bring the foundation elevation of the
southwest corner of the proposed reservoir up to the
proposed plan elevation; that the quantity of concrete
needed is estimated to be approximately 50 cubic yards to
provide the size storage reservoir desired by the City;
that Ham~ond-Mitchell, Inc., has requested compensation
of $150.70 per cubic yard of concrete, complete in place,
with the final cost to the City to be based upon actual
quantities of concrete as measured in the field; and
based upon estimated quantities, contract value needs to
be increased by $7,535.00'.
It was explained that funds are currently
encumbered, in the amount of $230,000.00, for the above-
referenced project; that the original contract award
provided for a $23,000.00 contingency fund; that
approximately $1,000.00 of the contingency is obligated
for previously incurred advertising expenses; that an
additional $840.00 has been used to fund the cost of
Change Order No. 1, which provided for replacement of an
existing ten inch water main with a 12 inch water main;
and the breakdown is as follows:
original contract amount
amount of Change Order No. 1
amount of Change Order No. 2
$230,000.00
840.00
7f535.00
new contract amount $238,375.00
The City Manager recommended that Council authorize
execution of Change Order No. 2, in the amount of
$7,535.00, to the contract with Hammond-Mitchell, Inc.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden moved'that the following ordinance be
placed upon its first reading:
(#31724) AN ORDINANCE approving the City Manager's
issuance of Change Order No. 2 to the City's contract
with Hammond-Mitchell, Inc., for the construction of the
Falling Creek Finished Water Reservoir.
(For full text of Ordinance, see Ordinance Book No. 54,
page 363.)
128
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Harvey, McCadden and
Mayor Bowers ---4.
NAYS: None 0.
(Vice-Mayor Fitzpatrick ~nd Council Members Bowles and
Musser were absent.)
BUDGET- INDUSTRI ES-CONSULTANTS REPORTS-WATER
RESOURCES: The City Mana.~ - submitted a written report
advising that the City of ..oanoke provides public water
service to the Roanoke Centre for Industry and Technology
(RCIT); that customers · are connected to a water
distribution system that~ is supported by an existing
water tank located in Statesman Industrial Park; that the
tank is supplied by water from the Carvins Cove and
Falling Creek water plan~s; and due to the location and
elevation of the tank, under certain operating
conditions, water supply to .fringe areas in RCIT is
marginal.
It was further advised that a preliminary
engineering study previously authorized by Council on
July 26, 1993, has been completed; that the study
recommends that the City construct an elevated storage
tank in the Roanoke Centre for Industry and Technology in
order to improve fire flows and system pressures; that
estimated cost of the proposed 500,000 gallon tank is
$1.2 million, including construction and engineering
costs; that the estimated cost for a tank of this size is
relatively high, primarily due to poor foundation
conditions at the available site; and alternative sites
were evaluated during the preliminary engineering phase,
but were found to be unsuitable.
It was explained ~hat the services of Mattern &
Craig, Inc., are being provided to the City of Roanoke
under the terms of an Agreement for Professional Services
dated December 13, 1991, which provides for engineering
design services for roadways and utilities located in the
addition to the Roanoke Centre for Industry and
Technology; that the Agreement encompasses services up to
a maximum contract limit of $200,000.00, with the current
contract value at $184,497.00; that execution of the
contract amendment will raise the maximum contract limit
to $288,975.00; and Mattern & Craig, Inc., has agreed to
perform the necessa~ engineering services for
$88,975.00.
129
ACTION:
ACTION:
The City Manager recommended that Council authorize
the following actions:
approve an amendment to the existing
professional services agreement with Mattern &
Craig, Inc., in the amount of $88,975.00; and
transfer $88,975.00 from Water Plant Expansion
Bonds 1992, Account No. 002-052-8366-9189, to
RCIT Water Storage Tank, Account No. 002-056-
8376-9001.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that the following budget ordinance
be placed upon its first reading:
(#31725) AN ORDINANCE to amend and reordain certain
sections of the 1993-94 Water Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 364.)
The motion was seconded by Mr. McCadden and adopted
by the following vote:
AYES: Council Members Harvey, McCadden and
Mayor Bowers 4.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.) ~
Mr. Harvey offered the following resolution:
(#31726-100493) A RESOLUTION authorizing the
execution of Amendment No. 1 to the City's contract with
Mattern & Craig, Inc~, for additional engineering
services to be provided in connection with the design and
construction administration of the Roanoke Centre for
Industry and Technology~Water Storage Tank.
(For full text of Resolution, see Resolution Book No. 55,
page 357.) ~
Mr. Harvey moved the adoption of Resolution No.
31726-100493. The motion was seconded by Mr. McCadden
and adopted by the following vote:
130
ACTION:
AYES: Council Members Harvey, McCadden and
Mayor Bowers ~ 4.
NAYS: None ?- 0.
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent. )
CITY ATTORNEY:
PARKS AND RECREATION-TOURISM: The City Attorney
submitted a written report advising that Council
previously requested preparation of a measure endorsing
the proposal to build a visitor center on the Blue Ridge
Parkway near the Mill !Mountain exit; whereupon he
transmitted the measure for Council's consideration.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered ~he following resolution:
(#31727-100493) A RESOLUTION endorsing the proposal
to build a visitor center on the Blue Ridge Parkway near
the Mill Mountain exit.
(For full text of Resolution, see Resolution Book No. 55,
page 358.)
Mr. Harvey moved the adoption of Resolution No.
31727-100493. The motio~ was seconded by Mr. White and
adopted by the following~vote:
AYES: Council Members Harvey, McCadden and
4.
Mayor Bowers
NAYS: None-
e
(Vice-Mayor Fitzpatrick%and Council Members Bowles and
Musser were absent.)
REPORTS OF COMMITTEES:
PURCHASE/SALE OF PROPERTY-EASEMENTS-CITY PROPERTY:
Council Member Elizabeth To Bowles, Chairperson of the
Water Resources Committee, presented a written report on
behalf of the Committee with regard to acquisition of
City-owned property located at 110 Salem Avenue, S. E.
131
ACTION=
A staff report advised that the City acquired
property under the Hunter Viaduct in the 1950's, and
after construction, the surface was used for parking;
that the City acquired the "Silek" property, described as
Official Tax No. 4010209, to add to the parking area on
March 3, 1986; that a restaurant adjacent to City
property, Tony's Place, described as Official Tax No.
4010210, located on a lot that is 20 feet wide and 53.75
feet deep and completely covers the lot, has no off-
street parking for its employees; and the restaurant
adjacent to Tony's Place, which is Billy's Ritz, has
delivery access to its kitchen only from City-owned
property directly behind Tony's Place.
It was further advised that acquisition of a parcel
of City-owned property, 20 feet wide and approximately
36.77 feet long, containing four parking spaces, located
on a portion of the former "Silek" property immediately
behind Tony's Place and Billy's Ritz has been proposed by
the owners of the two establishments; that the two
parking spaces nearest to the rear of Tony's Place are to
be acquired for parking by the restaurant's owners, with
the remaining two parking spaces to be acquired by
Billy's Ritz in order to provide access to their kitchen
and for parking; and sale of the area of the above-
referenced four parking spaces will also require that a
revocable access easement be granted to the two property
owners permitting them to cross a City-owned and leased
parking lot to gain access to the spaces.
The Water Resources Committee recommended that
Council authorize the sale, by quitclaim deeds, of a
small portion of Official Tax No. 4010209, and the
granting of revocable wehicular access easements over
surrounding City-owned property to said property, in
accordance with conditions as set forth in the
abovereferenced staff report.
(For full text, see rep6rts on file in the City Clerk's
Office.)
Mr. McCadden moved'that the following ordinance be
placed upon its first reading:
:
132
(#31728) AN ORDINANCE accepting an offer to
purchase a portion of real,property owned by the City and
located behind Tony's Place and Billy's Ritz, authorizing
conveyance by quitclaim ~deeds, and authorizing the
granting of a revocable v.ehicular access easement over
surrounding City-owned property.
(For full text of Ordinance, see Ordinance Book No. 54,
page 365.) ~
The motion was seconded by Mr. White and adopted by
the following vote: ,
AYES: Council Members Harvey, McCadden and
4.
Mayor Bowers ~
NAYS: None
e
FRANCHISES-CONSULTAI~TS REPORTS-CABLE TELEVISION-
LEGISLATION: A report of the Roanoke Valley Regional
Cable Television Committee, advising that the Cable
Television Consumer Pro_tection and Compeittion Act of
1992 became effective on,December 4, 1992, and pursuant
to the Act, the Federal Communications Commission was
given six months to adopt regulations as to rate
regulation of cable tele¥ision; that under the Act and
the FCC's regulations, the City, as franchising
Authority, may obtain authority to regulate rates for
"basic cable service" if:it is determined that there is
no "effective competitioN" for the City's franchise; that
in order to exercise its authority with respect to "basic
cable service", the City must submit to the FCC a
certification form (Form 328); and the Roanoke Valley
Regional Cable Televisio9 Committee recommends that each
of the franchising authorities served by Cox Cable
Roanoke, Inc., submit Form 328 to the FCC.
It was explaine~, that if the City obtains
certification from the FCC to regulate the rates for the
basic service tier, it will control not only the rate for
that tier of service, but also the ancillary equipment
used to receive that tier of service, which equipment
includes converter and remote control rentals, additional
outlet charges, insSallation, disconnection and
reconnection charges, as well as any charges for changing
tiers of service.
(Vice-Mayor Fitzpatrick And Council Members Bowles and
Musser were absent.)
133
In summary, the Committee advised that basic service
tier rates may be regulated by the City if the City
follows established procedures to obtain the authority
and expanded tier rates may be regulated by the FCC upon
complaint, with premium and pay per view channels to
remain unregulated.
It was explained that in order to assist the
franchising authorities (City of Roanoke, Roanoke County
and the Town of Vinton) in the complicated process of
rate regulation under the Cable Act, the Roanoke Valley
Regional Cable Television Committee recommends the
retention of special counsel which would assist the
franchising authorities in obtaining certification to
regulate basic tier rates and in reviewing the cable
operator's response and rate calculations; that utilizing
the procurement method known as competitiue negotiation,
the Cable Television Committee solicited proposals from
law firms having expertise in cable regulation and
received seven proposals; and three firms were
interviewed, and based on the interviews, the Committee
recommends the retention of Moss & Barnett, which
specializes in cable television issues and represents
municipalities across the country, including the Cities
of Norfolk, Hampton, Charlottesville and Virginia Beach
and the Town of Blacksburg.
The Committee advised that of the firms Interviewed,
it is the Committee's opinion that the firm of Moss
Barnett is not only the most experienced in cable
television matters, but it is also believed that the firm
will provide the most cost effective services as a result
of efficiencies achieved in connection with
representation of many municipalities; and the fee of the
firmwill be divided between the City of Roanoke, Roanoke
County and the Town of Vtnton on a pro-rata basis
according to the number of cable television subscribers
in each Jurisdiction.
The Roanoke Valley Regional Cable Television
Committee recommended that Council approve the following
actions:
adopt a resolution authorizing filing of Form
328 with the Federal Communications Commission
to obtain authority for the City to regulate
basic cable television service; and
134
ACTION:
ACTION:
adopt a resolution authorizing the retention
of Moss and Barnett to assist the three
franchising authorities in rate regulation
issues.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31729-100493) A RESOLUTION authorizing the City
Manager to submit necessary forms to the Federal
Communications Commission seeking certification to
regulate the rates charged by cable operators within the
City for basic cable service.
(For full text of Resoluti~n, see Resolution Book No. 55,
page 360.)
Mr. Harvey moved the adoption of Resolution No.
31729-100493. The motion was seconded by Mr. White and
adopted by the following.vote:
AYES: Council Mgmbers Harvey, McCadden and
Mayor Bowers- 4.
Mr. ~arvey offered ~he following resolution:
(#31730-100493) ~ RESOLUTION authorizing the
retention of the law fi~m of Moss & Barnett as special
counsel to assist the City in cable television rate
regulatory matters befQre the Federal Communications
Commission.
(For full text of Resolution, see Resolution Book No. 55,
page 361.)
Mr. Harvey moved the adoption of Resolution No.
31730-100493. The motiqn was seconded by Mr. White and
adopted by the followin~ vote:
NAYS: None-
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.) }
135
ACTION:
AYES: Council Members Harvey, McCadden and
Mayor Bowers 4.
NAYS: None - ...... 0.
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING-FLOOD REDUCTiON/CONTROL-SUBDIVISIONS:
Ordinance No. 31697 amending certain sections of Chapter
36.1, Zoning, with regard to Floodplain Zoning
Regulations, of the Code ~f the City of Roanoke (1979),
~s amended, said amendments to clarify and make
consistent with Federal Insurance Administration and
Federal Emergency Management Agency certain sections of
the Floodplain Zoning Regulations, having previously been
before the Council for -its first reading on Monday,
September 27, 1993, 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:
(931697-100493) AN ORDINANCE amending Section 36.1-
361, Floodplain management regulations; definitions,
Section 36.1-362, Establishment of floodplain areag;
subsection (e) of Section 36.1-364, Floodplain
development regulations, and Section 36.1-365, Permitted
uses, of Subdivisi°n E, Floodplain Zoning Regulationg, of
Chapter 36.1, Zoning, of the Code of the City of Roanoke
(1979), as amended, said amendments to clarify and make
consistent with Federal Insurance Administration and
Federal Emergency Management Agency certain sections of
the Floodplain Zoning Regulations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 339.)
Mr. White moved the:adoption of Ordinance No. 31697-
100493. The motion was seconded by Mr. McCadden and
adopted by the following vote:
136
ACTION:
AYES: Council Members Harvey, McCadden and
Mayor Bowers 4.
NAYS: None ~ 0.
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.)
BUDGET-CMERP-SCHOOLS,: Ordinance No. 31698 amending
and reordaining certain sections of the 1993-94 School
and General Fund Appropriations, providing for
appropriation of $5,005.09 for the 1993-94 Transitional
Services Program, and $2,807.00 for the SAT Preparation
Program for 1993-94, and appropriation of $498,500.00
from the 1993-94 Capital Maintenance and Equipment
Replacement Fund, to -provide funds to purchase
instructional computers at Virginia Heights Elementary
School and middle schools, magnet school alterations,
facility maintenance, and acquisition of the modular
Health Clinic Building, having previously been before the
Council for its first reading on Monday,
September 27, 1993, read and adopted on its first reading
and laid over, was again before the body, Mr. McCadden
offering the following fgr its second reading and final
adoption:
(#31698-100493) AN:ORDINANCE to amend and reordain
certain sections of the ~993-94 School and General Fund
Appropriations. ~
(For full text of Ordinance, see Ordinance Book No. 54,
page 342.) '
Mr. McCadden movedlthe adoption of Ordinance No.
31698-100493. The motio~ was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members
Mayor Bowers-
NAYS: None-
Harvey, McCadden and
4.
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.) I
BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH-YOUTH
CORRECTIONAL FACILITIES~ Ordinance No. 31700 amending
and reordaining certain sections of the 1993-94 Grant
Fund Appropriations, providing for appropriation of
$83,322.00 in Federal grant funds, in connection with
acceptance of the United States Department of Health and
137
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ACTION=
Human Services Runaway and Homeless Youth Program Grant
No. 03CY0269/05, having-previously been before the
Council for its first reading on Monday, September 27,
1993, 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:
(#31700-100493) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Grant Fund
Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 344.)
Mr. Harvey moved the adoption of Ordinance No.
31700-100493. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Harvey, McCadden and
Mayor Bowers- 4.
NAYS: None-
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.)
BUDGET-HEALTH DEPARTMENT-HUMAN DEVELOPMENT-CITY
EMPLOYEES-GRANTS-SEXUALLY TRANSMITTED DISEASES:
Ordinance No. 31702 amending and reordaining certain
sections of the 1993-94 Grant Fund Appropriations,
providing for appropriation of $32,000.00, in connection
with acceptance of a grant from the Bureau of Sexually
Transmitted Diseases/AIDS with the Virginia Department of
Health, having previously been before the Council for its
first reading on Monday, September 27, 1993, 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:
(%31702-100493) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Grant Fund
Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 345.)
Mr. White moved theSadoption of Ordinance No. 31702-
100493. The motion was seconded by Mr. McCadden and
adopted by the following vote:
138
ACTION:
AYES: Council Me~bers Harvey, McCadden and
Mayor Bowers ~ 4.
NAYS: None ~* 0.
(Vice-Mayor Fitzpatrick and Council Members-Bowles and
Musser were absent.)
BUDGET-HEALTH DEPARTMENT-HUMAN DEVELOPMENT-CITY
EMPLOYEES-GRANTS: Ordinance No. 31704 amending and
reordaining certain sections of the 1993-94 Grant Fund
Appropriations, providing for appropriation of
$18,609.00, in connection with establishment of a new
grant eligibility position in the Department of Social
Services, having previousj~y been before the Council for
its first reading on Monday, September 27, 1993, read and
adopted on its first reading and laid over, was again
before the body, Mr. McCadden offering the following for
its second reading and final adoption:
(#31704-100493) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Grant Fund
Appropriations ·
(For full text of Ordinance, see Ordinance Book No. 54,
page 346. )
Mr. McCadden moved'the adoption of Ordinance No.
31704-100493. The motion was seconded by Mr. Harvey and
adopted by the following, vote:
AYES: Council Members Harvey, McCadden and
Mayor Bowers 4.
NAYS: None .-' 0.
(Vice-Mayor Fitzpatrick ~and Council Members Bowles and
Musser were absent.) ,
BUDGET-SEWERSANDSTORMDRAINS-CONSULTANTS REPORTS:
Ordinance No. 31707 amending and reordaining certain
sections of the 1993-94 Sewage Fund Appropriations,
providing for the transfer of $141,700.00 from Retained
Earnings - Unrestricted, to Capital Outlay, Sewershed I/I
Reduction - II, in conRection with certain engineering
services to be performed by Hayes, Seay, Mattern &
Mattern, Inc., specifically various phases of design and
construction contract a~ministration for portions of the
Sewershed Corrective A~ion Project, having previously
139
ACTION=
ACTION=
been before the Council for its first reading on Monday,
September 27, 1993, 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:
AN ORDINANCE to amend and reordain
of the 1993-94 Sewage Fund
NAYS: None
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.)
BUDGET-SEWERS AND STORM DRAINS-CONSULTANTS REPORTS:
Ordinance No. 31709 amending and reordaining certain
sections of the 1993-94 Sewage Fund Appropriations,
providing for the transfer of $197,737.00 from Retained
Earnings - Unrestricted, to Capital Outlay, Sewershed I/I
Project Design Phase I, in connection with certain
engineering services to be performed by Mattern and
Craig, Inc., for design and contract administration for
the Sewershed Corrective Action Project, having
previously been before the Council for its first reading
on Monday, September 27, 1993, 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:
(#31709-100493)
certain sections
Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 348.)
Mr. White moved the adoption of ordinance No. 31709-
100493. The motion wa~ seconded by Mr. McCadden and
adopted by the following vote:
AN ORDINANCE to amend and reordain
of the 1993-94 Sewage Fund
(#31707-100493)
certain sections
Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 347.)
Mr. Harvey moved the adoption of Ordinance No.
31707-100493. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Harvey, McCadden and
Mayor Bowers 4.
140
ACTION:
AYES: Council Members Harvey, McCadden and
Mayor Bowers ~ 4.
NAYS: None -0.
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.)
)
BUDGET-BRIDGES-CONSULTANTS REPORTS: Ordinance No.
31711 amending and reordaining certain sections of the
1993-94 Capital Fund Appropriations, providing for
appropriation of $8,000.00, in connection with additional
engineering services to be permformed by Hayes, Seay,
Mattern and Mattern, Inc., for repairs to the First
Street Bridge, having previously been before the Council
for its first reading on Monday, September 27, 1993, read
and adopted on its first ~,eading and laid over, was again
before the body, Mr. McCadden offering the following for
its second reading and final adoption:
(#31711-100493) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Capital Fund
Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 349.)
Mr. McCadden moved ~the adoption of Ordinance No.
31711-100493. The motion was seconded by Mr. Harvey and
adopted by the followingrvote:
AYES: Council Members Harvey, McCadden and
Mayor Bowers- '¢ 4.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.)
,
BUDGET-BRIDGES-CONSULTANTS REPORTS: Ordinance No.
31713 amending and reordaining certain sections of the
1993-94 Capital Fund Appropriations, providing for
appropriation of $145,425.00, in connection with
additional engineering ~ services to be performed by
Mattern & Craig, Inc., for replacement of and repair to
the Jefferson Street Bridge and the Hollins Road Bridge,
having previously been before the Council for its first
reading on Monday, Septgmber 27, 1993, 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:
141
ACTION:
ACTION:
(#31713-100493)
certain sections
Appropriations.
AN ORDINANCE to amend and reordain
of the 1993-94 Capital Fund
(For full text of Ordinance, see Ordinance Book No. 54,
page 350.)
Mr. Harvey moved the adoption of Ordinance No.
31713-100493. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Harvey, McCadden and
Mayor Bowers 4.
NAYS: None 0.
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.)
BUDGET-PENSIONS: Ordinance No. 31715 amending and
reordaining certain sections of the 1993-94 General Fund
Appropriations, providing for the transfer of $160,000.00
from Reserve for Pension Contribution to Residual Fringe
Benefits, City Retirement, in order to partially fund a
cost-of-living increase granted to City retirees,
effective July 2, 1993, having previously been before the
Council for its first reading on Monday, September 27,
1993, 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:
(#31715-100493)
certain sections
Appropriations.
AN ORDINANCE to amend and reordain
of the 1993-94 General Fund
(For full text of Ordinance, see Ordinance Book No. 54,
page 351.) *
Mr. White moved the adoption of Ordinance No. 31715-
100493. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Harvey, McCadden and
Mayor Bowers- -=-' 4.
NAYS: None. -0.
(Vice-Mayor Fitzpatrick~ and Council Members Bowles and
Musser were absent.) ,
142
ACTION:
PURCHASE/SALE OF PROPERTY-ANIMALS/INSECTS-POLICE
DEPARTMENT-DOWNTOWN ROANOKE, INCORPORATED-WATER
RESOURCES: Ordinance No. 31716 authorizing and directing
the proper City officials, to enter into a lease between
the City of Roanoke and. Richard E. and Margaret P.
Harman, for use by the Police Department's mounted patrol
of premises located at 1615 Cleveland Avenue, S. W., for
a three year term, commencing October 1, 1993, and
terminating September 30, j1996, at a rental rate of $1.00
per year, having previously been before the Council for
its first reading on Monday, September 27, 1993, read and
adopted on its first reading and laid over, was again
before the body, Mr. McCadden offering the following for
its second reading and final adoption:
(#31716-100493) AN ORDINANCE authorizing and
directing the proper City.officials to enter into a lease
between the City of Roanoke and Richard E. and
Margaret P. Harman, for use by the Police Department of
premises located at 1615 Cleveland Avenue, S. W.,
Roanoke, Virginia, upon gertain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 352.)
Mr. McCadden moved the adoption of Ordinance No.
31716-100493. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden and
Mayor Bowers 4.
NAYS: None.
{¥£¢e-Ma¥or Fitzpatrick anO Council Member8 Bowies anO
Musser were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS: None.
At 3:9-0 p.m., the Mayor declared the meeting tn
recess.
At 3:30 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Vice-
Mayor Fitzpatrick and Council Members Bowles and Musser.
143
ACTION
ACTION=
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden moved that each Member of City
Council certify to the best of his or her knowledge that=
(1) only public businesu 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, McCadden and
Mayor Bowers 4.
NAYS: None
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.)
OATHS OF OFFiCE-COMMITTEES-ARCHITECTURAL REVIEW
BOARD: The Mayor advised that the four year terms of
W. L. Whitwell and Kenneth L. Motley as members of the
Architectural Review Board expired on October 1, 1993,
and called for nominations to fill the vacancies.
Mr. White placed in nomination the name of W. L.
Whitwell and Kenneth L. Motley.
There being no further nominations, Messrs. Whitwell
and Motley were reelected as members of the Architectural
Review Board, for terms of four years, each, ending
October 1, 1997, by the following vote:
FOR MESSRS. WHITWELL AND MOTLEY: Council Members
Harvey, McCadden and Mayor Bowers ...... 4.
(Vice-Mayor Fitzpatrick.and Council Members Bowles and
Musser were absent.)
OATHS OF OFFiCE-COMMITTEES-BUILDINGS/BUILDING
DEPARTMENT: The Mayor advised that the five year term of
Lynn D. Avis as a member of the Board of Adjustments and
Appeals, Building Code,' expired on September 30, 1993,
and called for nominations to fill the vacancy.
Mr. White placed in nomination the name of Lynn D.
Avis.
144
ACTION:
ACTION:
There being no further nominations, Mr. Avis was
reelected as a member of the Board of Adjustments and
Appeals, Building Code, for a term of five years, ending
September 30, 1998, by the following vote:
FOR MR. AVIS: Council Members Harvey, McCadden and
Mayor Bowers 4.
(Vice-Mayor Fitzpatrick a~d Council Members Bowles and
Musser were absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER:
The Mayor advised that the three year terms of John S.
Edwards and Vernon M. Danielsen as members of the Roanoke
Civic Center Commission expired on September 30, 1993,
and called for nominations to fill the vacancies.
Mr. White placed in nomination the name of John S.
Edwards and Vernon M. Danielsen.
There being no further nominations, Messrs. Edwards
and Dantelsen were reelected as members of the Roanoke
Civic Center Commission, .for terms of three years, each,
ending September 30, 1996, by the following vote:
FOR MESSRS. EDWARDS ANDDANIELSEN: Council Members
Harvey, McCadden and Mayor Bowers 4.
(Vice-Mayor Fitzpatrick and Council Members Bowles and
Musser were absent.)
There being no further business, the Mayor declared the
meeting adjourned at 3:35 p.m.
Clerk
APPROVED
Mayor
145
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
October 11, 1993
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, October 11,
1993, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedurg, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Delvis O. McCadden, William White,
Sr., Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., James G.
Harvey, II, and Mayor David A. Bowers 6.
ABSENT: Council Member Howard E. Musser-- 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Mr. Duane Bitrick,
Worship Leader.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers,
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
11, 1993, 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 tract of land located
at the northeast corner of Hollins Road and Orange
Avenue, N. E., described as Official Tax Nos. 3042143 and
3042120, be rezoned from LM, Light Manufacturing
District, to C-2, General Commercial District, subject to
certain conditions proffered by the petitioner, the
matter was before the body.
146
ACTION=
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
September 24, 1993, and Friday, October 1, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the Ctt~ Planning Commission advising
that the purpose of the request for rezoning is to place
the subject property into a zoning classification that
will permit the construction of an automatic automobile
washing business, was before Council.
The Planning Commission recommended that Council
approve the request, advising that the rezoning will be
a logical extension of,-the adjoining C-2, General
Commercial District, located to the south of the
property, and the location and physical constraints of
the site are more conducive to highway oriented
commercial development as an appropriate land use than
industrial development. .
(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:
(#31731) AN ORDINANCE to amend Section 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 Ordinan~e, see Ordinance Book No. 54,
page 379.)
The motion was seconded by Mr. Harvey.
Daniel F. La~man, Jr., Attorney, appeared before
Council in support of the request of his client.
o
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for rezoning. There keing none, Ordinance No. 31731 was
adopted, on its first reading, by the following vote:
147
I
AYES: Council Members McCadden, White, Bowles,
Fitzpatrick, Harvey and Mayor Bowers -6.
NAYS: None
(Council Member Musser was absent.)
SUBDIVISIONS-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, October 11, 1993, at 7:30 p.m., or
assoon thereafter as the matter may be heard, on the
request of Southern Classic Soft Cloth Auto Wash, Inc.,
and Alan L. Amos, Inc., that a certain 10-foot alley,
beginning at a point marked by the north boundary line
(extended) of lots bearing Official Nos. 3042121 and
3042141, running in a semi-circle to a point marked by
the north boundary line (extended) of a lot bearing
Official Tax No. 3042129, and passing in its course the
rear boundaries of lots bearing Official Tax Nos. 3042121
- 3042129, inclusive, be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
September 24, 1993, and Friday, October 1, ~993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the petitioners with to proceed with plans to
construct a car wash facility on the property in question
which would be accessed via Hollins Road and Orange
Avenue, N. E., was before Council.
The Planning Commission recommended that Council
approve the request, subject to the following conditions:
The applicant shall submit to the City for
review and approval, receive approval of, and
record in the Office of the Clerk of the
Circuit Court, a subdivision plat, which will
provide for the following:
Disposition of the land within the
rights-of-way to be vacated in a
manner consistent with the
requirements of Chapter 31,
Subdivision~, of the Code of the
City of Roanoke (1979), as amended.
148
ACTION:
Retention of appropriate easements,
together with the right of public
passage over same, for subsurface
installation and maintenance of any
and all existing utilities that may
be located within the right of way.
If the above conditions have not been met
within a period of 12 months from the date of
adoption of the ordinance providing for the
closure of the subject right-of-way, 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:
(#31732) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 380.) :
The motion was seconded by Mr. Fitzpatrick.
Daniel F. Layman, Jr., Attorney, appeared before
Council in support of the request of his client.
The Mayor inquired if there were psrsons present who
would like to address Council with regard to the request
for alley closure. There being none, Ordinance No. 31732
was adopted, on its first.reading, by the following vote:
AYES: Council Members McCadden, White, Bowles,
Fitzpatrick, Harvey and Mayor Bowers 6.
NAYS: None -0.
(Council Member Musser Was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No.
25523 adopted by the CoUncil on Monday, April 6, 1981,
the City Clerk having ~dvertised a public hearing for
Monday, October 11, 1993, at 7:30 p.m., or as soon
thereafter as the matte~ may be heard, on the request of
Appalachian Power Company that a portion of Hollins Road,
149
formerly Read Road, beginning at its intersection with
existing Holllns Road, running 814 feet in a northerly
direction to a point in common with a section of Hollins
Road previously closed, be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
September 24, 1993, and Friday, October 1, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that Appalachian Power Company wishes to use the land
within the right-of-way, if vacated, for access,
expansion, construction, operation and maintenance of its
adjacent substation, was before Council.
The Planning Commission recommended that Council
approve the request, subject to the following conditions:
The applicant shall submit to the City for
review and approval, receive approval of, and
record a subdivision plat in the Office of the
Clerk of the Circuit Court, which will provide
for the following:
Disposition of:the land within the
rights-of-way to be vacated in a
manner consistent with the
requirements of Chapter 31,
Subdivisions, of the Code of the
City of Roanoke (1979), as amended.
Retention of appropriate easements,
together with.the right of public
passage over same, for subsurface
installation and maintenance of any
and all existing utilities that may
be located within the right-of-way.
If the above conditions have not been met
within a period of~12 months from the date of
adoption of the ordinance providing for
closure of the s~bJect right-of-way, said
ordinance shall become null and void with no
further action by ~ouncil being necessary.
(For full text, see report on file in the City Clerk's
Office.) ..
150
ACTION:
Mr. Fitzpatrick moved that the following ordinance
be placed upon its first reading:
(#31733) AN ORDINANCE permanently vacating,
discontinuing and closing~a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 383.)
The motion was seconded by Mrs. Bowles.
R. A. Bays, Right-of-Way Supervisor, Appalachian
Power Company, appeared before Council in support of the
request.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for street closure. There being none, Ordinance No.
31733 was adopted, on its first reading, by the following
vote:
AYES: Council Members McCadden, White, Bowles,
Fitzpatrick, Harvey and Mayor Bowers- 6.
NAYS: None 0.
(Council Member Musser 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 a request for an Executive Session
to discuss a personnel matter, being the appointment of
a member of City Council to fill a portion of an
unexpired term.
LEGISLATION-AMTRAK: A communication from Mayor
David A. Bowers advising of a meeting with Senators
Charles Robb and John Warner, as well as Congressmen
Richard Boucher and Robert Goodlatte on September 22,
1993, with regard to AMTRAK, was before Council.
151
ACTION:
It was further advised that Congressman Boucher has
arranged for a study of the extension of AMT~AK through
the Southwest Virginia corridor in conjunction with the
Virginia Department of Rail and AMTRAK national
headquarters; that Senator Robb has requested that
officials of the Virginia Department of Rail
contactofficials of the State of Tennessee to investigate
the possibility of conducting a similar survey in
Tennessee; and in order to have the survey conducted, it
must been approved by the Virginia General Assembly in
January, 1994.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communication be referred
to the Legislative Affairs Committee, the City Manager
and the City Attorney for appropriate follow-up in
connection with the City's 1994 Legislative Program and
any other administrative recommendation. The motion was
seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members McCadden, White, Bowles,
Fitzpatrick, Harvey and Mayor Bowers- -6.
NAYS: None
(Council Member Musser was absent.)
TOURISM-CABLE TELEVISION-FIFTH PLANNING DISTRICT
COMMISSION-MISCELLANEOUS: A report of the City Manager
with regard to a request, of the Fifth Planning District
Commission as to the City's interest in participating in
funding of three low-band radio systems, at an initial
estimated cost of $30,000.00 per station, to be funded by
Roanoke City, Roanoke County and the City of Salem, was
before Council. ~
The City Manager advised that after a staff inquiry
regarding the effectiveness and range of a radio station
in the Roanoke Valley's mountainous terrain, the proposed
provider of the low-band radio system has expressed a
willingness to bring' a unit to Roanoke for a
demonstration to take place in the next 30 to 90 days;
and once the demonstration is completed, a recommendation
will be submitted to Council.
(For full text, see report on file in the City Clerk's
Office.)
152
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ACTION:
ACTION=
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 McCadden, White, Bowles,
Fitzpatrick, Harvey and Mayor Bowers --6.
NAYS: None 0.
(Council Member Musser was absent.)
OATHS OF OFFICE-DIRECTOR OF FINANCE: A report of
qualification of James D.~Grisso as Director of Finance
for the City of Roanoke, for a term ending September 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 McCadden, White, Bowles,
Fitzpatrick, Harvey and Mayor Bowers 6.
NAYS: None- 0.
(Council Member Musser was absent.)
OATHS OF OFFICE-COMMITTEES-LIBRARIES: A report of
qualification of Roland H. Macher as a member of the
Roanoke Public Library Bdard, for a term ending June 30,
1996, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES~ Council Members McCadden, White, Bowles,
Fitzpatrick, Harvey and Mayor Bowers .6.
NAYS: None ~
(Council Member Musser Was absent.)
e
153
ACTION=
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss a personnel matter, being the appointment of a
member of City Council to fill a portion of an unexpired
term, 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
a personnel matter, being the appointment of a member of
City Council to fill a portion of an unexpired term,
pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended. The motion was seconded
Fitzpatrick and adopted by the following vote:
AYES: Council Members McCadden, White,
Fitzpatrick, Harvey and Mayor Bowers ....
NAYS: None
by Mr.
Bowles,
6.
(Council Member Musser 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-HUMAN DEVElOPMENT-EQUiPMENT: The City
Manager submitted a written report advising that the
Virginia Department of Social Services has been active in
the detection, prosecution, and collection of
overpayments and intentional program violations; that the
Roanoke City Department-of Social Services has pursued
collection of all outstanding overpayments through all
available means, which included the Virginia Department
of Taxation's Tax Set-Off Program in 1993; that
collections through the program have resulted in an
additional $21,255.00 to date; and the State Department
154
ACTION:
of Social Services will' return a portlon of all
collections to each locality, effective July 1, 1993. ·
was further advised that the State Department of Social
Services has made funds available for computer systems in
order to support fraud investigations and recovery of
overpayments at 100 per cent; and acquisition of the
equipment will allow for greater automation of
investigation of alleged intentional program violations
and recovery of overpayments in all programs.
The City Manager recommended that Council
appropriate $6,478.00, to, provide funds for the cost of
equipment and software; amd increase revenue estimates of
funds received from the State Department of Social
Services in Account No. 001-020-1234-0676 and increase
the following expenditure accounts:
Expendable Equipment, Account
No. 001-054-5313-2035
$1,746.00
Other Equipment, Account
No. 001-054-5313-9015
Total.
4t732.00
$6,478.00
(For full text, see report on file in the City Clerk's
Office.) ~
Mr. McCadden offered the following emergency budget
ordinance:
(#31734-101193) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 366.) '~.
Mr. McCadden moved% the adoption of Ordinance No.
31734-101193. The motiol% was seconded by Mr. White and
adopted by the following, vote:
AYES: Council Members McCadden, White, Bowles,
Fitzpatrick, Harvey and~yor Bowers 6.
NAYS: None
-!
(Council Member Musser was absent.)
155
ACTION~
HUMAN DEVELOPMENT-DRUGS/SUBSTANCE ABUSE-GRANTS-
TRUST: The City Manager submitted a written report
advising that Council authorized execution of a 12 month
agreement for services with the Roanoke Valley Trouble
Center, Inc. (TRUST), in the amount of $26,000.00,
pursuant to Resolution No. 31130-072792, from July 1,
1992 to June 30, 1993, to provide staff support to the
Drug and Alcohol Abuse Council, with an option to extend
the agreement for an additional two year period; that
Council authorized funding for 1993 for the Drug and
Alcohol Abuse Council Program, in the amount $26,000.00,
pursuant to Resolution No. 31445-051093 adopted May 10,
1993; and the current agreement with TRUST was amended on
July 21, 1993, at an additional cost of $6,500.00, in
order to extend the time of performance through September
30, 1993.
It was further advised that the current agreement
expired on September 30, 1993; that a second amendment is
necessary In order for TRUST to better meet the needs of
the Drug and Alcohol Abuse Council and to extend the time
of the agreement until June 30, 1994; that the amendment
will change the fee schedule so that payments will be
based on an hourly basis.instead of on a monthly basis,
effective October 1, 1993; and the amendment will ensure
that staff support to the Drug and Alcohol Abuse Council
will not be interrupted.
The City Manager recommended that he be authorized
to execute Community Development Block Grant Agreement
Amendment No. 2 with the Roanoke Valley Trouble Center,
Inc.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31735-101193) A RESOLUTION approving an amendment
to the City's contract with Roanoke Valley Trouble
Center, Inc., to provide for continuation of services to
the Drug and Alcohol Abuse Council.
(For full text of Resolution, see Resolution Book No. 55,
page 367.)
Mrs. Bowles moved the adoption of Resolution No.
31735-101193. The motion was seconded by Mr. McCadden
and adopted by the following vote:
156
ACTION:
AYES: Council Members McCadden, White, Bowles,
Fitzpatrick, Harvey and MayOr Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
PARKS AND RECREATION~CELEBRATIONS-YOUTH: The City
Manager submitted a written report calling attention to
numerous calls from City residents inquiring as to
whether the City will change the observance of Halloween
from Sunday, October 31,'1993, advising that Halloween
fell on a Sunday night in 1982 and Council Joined with
other local governments i~ the Roanoke Valley in changing
the observance to Saturday night between the hours of
5:30 and 8:30 p.m.; and the Roanoke County Board of
Supervisors and the Vlnton Town Council have each
designated the observance of Halloween to take place on
Saturday, October 30, 1993.
In order to provide~a sense of uniformity, and to
reduce confusion, the City Manager recommended the
Council Join with RoanokerCounty and the Town of Vinton
in the observance of Halkoween in the City of Roanoke on
Saturday, October 30, 1993, from 5:30 to 8:3o p.m.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
(#31736-101193) A RESOLUTION designating Saturday,
October 30, 1993, as the official date for the 1993
observance of Halloween in the City.
(For full text of Resolution, see Resolution Book No. 55,
page 368.)
Mr. White moved the adoption of Resolution No.
31736-101193. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members McCadden, White, Bowles,
Fitzpatrick, Harvey and Mayor Bowers 6.
NAYS: None ........ ~ .............................. 0
~ ·
(Council Member Musser was absent.)
157
POLICE DEPARTMENT-HOUSING/AUTHORITY-CITY EMPLOYEES-
GRANTS: The City Manager submitted a written report
advising that in the spring of 1992, several departments
studied the feasibility of a Police Homeowners Loan
Program as part of the development of a Diversified
Housing Strategy for the City of Roanoke; that
approximately three years ago, the City of Columbia,
South Carolina, instituted a Police Homeowners Loan
Program designed to revitalize City housing, promote home
ownership, and reduce crime within various neighborhoods
in the community; and local programs have been examined
over the past several months by the Police Department and
several other City agencies in order to provide homeowner
opportunities for police officers within declining
neighborhoods. ~
It was further advised that the Columbia Police
Homeowners Program demonstrated that the greatest
advantage to having police officers buy homes in targeted
areas is that their presence has a direct impact on the
"peace of mind" of the community; and the feeling that a
specific area is now a safe and decent place to live
indirectly creates an environment where properties are
structurally improved, vacant properties begin to sell
and a "sense of pride" returns and spreads throughout
neighborhood areas.
It was explained that Roanoke City faces housing
problems very similar to many metropolitan areas; that
inasmuch as affordable housing is not available to a
large segment of Roanoke's population, home ownership has
declined over the past 20 years and renter-occupied
housing has increased significantly, which has led to a
slowly erosive effect in some neighborhoods; that one of
the principal elements which has contributed to
neighborhood decline is~the erosion in confidence and
"peace of mind" in a neighborhood as a stable, safe, and
decent environment; and the goal of the Police Homeowners
Program is to strengthen the pride of home ownership
while dealing with physical decay, increasing crime rates
and other related social problems in certain targeted
neighborhoods.
It was further explained that lack of financial
opportunities, as well as a concern of reprisals against
their family, has prompted many police officers to choose
to live outside the City limits; that Clty administrative
staff has designed a program modeled after Columbia,
South Carolina, but with certain modifications; and
certain key elements are already in place to facilitate
the Program.
158
ACTION:
The City Manager recommended that Council authorize
implementation of a home f~nancing mechanism to serve as
a positive incentive for:!police officers to purchase
homes in specific neighborhoods; and that the City
Manager, City Attorney and Director of Finance be
authorized to execute individual deeds of trust and other
necessary contracts with individual officers.
(For full text, see report on file in the City Clerk's
Office.) .'
Mr. Fitzpatrick offered the following emergency
ordinance:
(#31737-101193) AN ORDINANCE approving the loan of
Community Development Bl'ock Grant funds to qualified
police officers in connection with the City's Police
Homeowner's Loan Program; ~uthorizing the City Manager to
execute documents approved as to form by the City
Attorney necessary to implement and administer the loans;
authorizing the City Attorney and Director of Finance to
serve as trustees with regard to the related deeds of
trusts securing the notes for the loans; authorizing the
City Manager to execute:a certificate of satisfaction
upon full payment and~ satisfaction of the loans;
authorizing recordation by the City Attorney of the
certificate 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. 55,
page 369. )
':
Mr. Fitzpatrick moved the adoption of Ordinance No.
31737-101193. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members McCadden, White, Bowles,
Fitzpatrick, Harvey and Mgyor Bowers 6.
NAYS: None ........ -. .............................. 0.
(Council Member Musser was absent.)
Council Membe~ White requested that the City Manager
provide Council with = status report on the Police
Homeowners Loan ProgramSby June 30, 1994.
159
TRAFFIC-SIDEWALK/CURB AND GUTTER-BUDGET-STATE
HIGHWAYS-PLANNING-STREETS AND ALLEYS: The City Manager
submitted a written report advising that at a meeting on,
Monday, March 5, 1990, Council adopted Resolution No.
29954-030590, which requested the Virginia Department of
Transportation (VDOT) to program a project to widen
Brandon Avenue, S. W., from Edgewood Street to the West
Corporate Limits; that the project, which is consistent
with the 1995 Roanoke Valley Transportation Plan, was
subsequently included in VDOT's Six-Year Highway
Improvement Program; and the purpose of the project is to
relieve existing traffic congestion oB Brandon Avenue
between Edgewood Street and the West Corporate limits,
aswell as accommodate anticipated traffic to be generated
by the proposed Peters Creek Extension project, which
will intersect Brandon Avenue at Aerial Way Drive.
It was further advised that the proposed design of
the project consists of five lanes along the 1.4 mile
route, two in each direction with a continuous left turn
lane in the center of the roadway; that concrete curb,
gutter and sidewalk will be constructed along both sides
of the entire route, as well as landscaping; that the
speed limit is expected~to be signed at 35 miles per
hour; that a cost estimate of $6,596,000.00 will be
shared by the Federal Highway Administration, Virginia
Department of Transportation and the City; and two per
cent City participation in preliminary engineering,
right-of-way and construction amounts to a total City
share of $131,920.00.
It was explained that a location and design public
hearing was held on October 28, 1992, which was preceded
by an informal project plan review session on October 27;
that the public hearing included aerial photographs,
drawings and other pertinent information available for
public inspection in accordance with State and Federal
requirements; that all persons in attendance were
afforded an opportunity-to participate; and the City
Planning Commission received a briefing on major design
features at its meeting.on November 4, 1992.
The City Manager recommended that Council authorize
the following actions:
approve the location and major design features
of the widening f of Brandon Avenue from
Edgewood Street, S. W., to the West Corporate
limits, as presented at the October 28, 1992
public hearing;
160
ACTION=
request that the :Virginia Department of
Transportation acquire all rights-of-way
necessary for the ~roJect conveying said
rights-of-way to Roanoke at the appropriate
time; and :
authorize the City Manager to execute, on
behalf of the City, all necessary railroad and
utility agreements ~equired in conjunction
with acquiring such rights-of-way.
(For full text, see report on file In the City Clerk's
Office.)
Mr. Harvey offered the following emergency
ordinance: '
(#31738-101193) AN ORDINANCE approving the location
and major design features, of the Brandon Avenue Widening
Project from Edgewood Street, S. W., to the West
Corporate limits, Project No. 0011-128-102, PE-101, RW-
201, C-501, D-601, B-602,.D-603; 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. 55,
page 370.) ~
Mr. Harvey moved the adoption of Ordinance No.
31738-101193. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members McCadden, White, Bowles,
Fitzpatrick, Harvey and Mayor Bowers 6.
NAYS: None ~
(Council Member Musser ~as absent.)
CITY JAIL: The City Manager submitted a written
report advising that construction of a Jail annex was
proposed to Council on February 10, 1993, as part of a
draft Capital Improvement Program; that the project
description for the Jail~annex at that time was provision
of housing for 220 additional inmates (the current
operating capacity is 236) through construction of a Jail
annex at an estimated cost of $7 mill!on; that Council
concurred in the recommendation and adopted Resolution
161
No. 31366-030893 on March 8, 1993, requesting
reimbursement of project costs by the Virginia Department
of Corrections at a rate of 25 per cent; that funding for
the estimated $7 million project is to be comprised of
$4.8 million in general obligation bonds, $1.75 million
from the Virginia Department of Corrections and
$450,000.00 in other local funds; and Council authorized
issuance of general obligation bonds to finance the
project on April 5, 1993..
It was further advised that the 1993 General
Assembly amended Sections 53.1-80 through 53.1-82 of the
Code of Virginia (1950), as amended, which establishes a
submission schedule for cost reimbursement requests
forproJects of this nature, and outlines the cost
reimbursement request package which must contain a
resolution from the local governing body supporting the
project and requesting reimbursement, a Community-Based
Corrections Plan (needs assessment), and a planning
study.
It was explained that the Virginia Board of
Corrections had originally scheduled to review the
Community-Based Corrections Plan in October 1993,
followed by a review of the planning study in November
1993; that the City was notified at 3:00 p.m., on
Thursday, October 7, 1993, that the Board had revised its
schedule to review both the Community-Based Corrections
Plan and the planning study on October 19; and the City
was also notified that it would be necessary to revise
the previous resolution to more accurately reflect
current project information with regard to the cost and
the amount of inmate housing to be provided.
The City Manager further explained that the
estimated cost of the project and the amount of inmate
housing to be provided has changed due to changes by the
Virginia Department of Corrections in the "Standards for
Planning, Design, Construction and Reimbursement of Local
Correctional Facilities", effective July 1, 1993; that
220 beds had originally been estimated as the number of
new inmate housing to be provided by the project based on
the standard cell size at the time of 85 square feet for
two inmates; that the standard cell size was changed to
115 square feet for two inmates, thereby, reducing the
number of beds provided to 160, however, over 300 bed
spaces can be provided, with double-bunking; that new
standards also require that the amount of space for
program support, i.e., ~pace for recreation, classroom
and diversion activities be increased from 44,300 square
feet to 51,700 square feet; that estimated project cost
162
ACTION=
has increased to $7,65~'~000.00 due to changes in
construction standards co~lned with closer estimates of
projection costs, including the cost of inflation; that
funding for the project will be comprised of $4.8 million
tn general obligation bonds, $1,914,000.00 from the
Virginia Department of Corrections and $942,000.00 in
other local funding; and a funding source will be
identified for the $492,000.00 increase in other local
funding when the recommended Capital Improvement Program
is presented to Council later in the fiscal year.
The City Manager recommended that Council adopt a
revised resolution requesting reimbursement of the Jail
Annex project cost by ~the Virginia Department of
Corrections at a rate of 25 per cent.
(For full text, see report on file in the City Clerk's
Office.) ,
Mr. Harvey offered the following resolution:
(#31739-101193) A RESOLUTION approving expansion of
the City of Roanoke Jail; requesting reimbursement of 25
per cent of eligible project costs from the Commonwealth
of Virginia Board of Corrections; and repealing
Resolution No. 31366-030893 adopted on March 8, 1993.
(For full text of Resolution, see Resolution Book No. 55,
page 372. ) -~
Mr. Harvey moved the adoption of Resolution No.
31739-101193. The motior~-was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members McCadden, White, Bowles,
Fitzpatrick, Harvey and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
CITY ATTORNEY:
CABLE TELEVISION: ~.The City Attorney submitted a
written report advising ~hat during the Council meeting
held on Monday, October 4, 1993, Council adopted a
resolution authorizing the City Manager to file a
certification form (Form 328) with the Federal
Communications Commission ("FCC")bywhich the City seeks
authority to regulate rates for the basic cable service
tier; that Form 328 was mailed to the FCC on the same day
163
Council approved its submission; that a franchising
authority's certification.to engage in basic tier rate
regulation becomes effective 30 days after receipt by the
FCC of the Form 328, unless objection is interposed by
the FCC; and it is expected that the City's submission
will become effective 30 days after receipt by the FCC.
It was further advised that in order to permit the
City to engage in basic tier rate regulation, one other
step is required; viz: Council must adopt rate
regulations consistent with the Federal Communications
Commission's regulations; and by adoption of a proposed
ordinance, and FCC regulations which are incorporated by
reference, the City agrees to provide for the following:
a reasonable opportunity for consideration of
the views of interested persons concerning
rates which may be provided through a formal
or informal hearing or receipt of written
comments;
protection for confidential information of the
cable operator;
time limits as established by the Federal
Communications Commission; and
use of the benchmark method of rate analysis
unless the cable operator makes a cost of
service submission.
The City Attorney and special counsel retained to
represent the City in cable television regulatory issues
before the Federal Communications Commission recommended
adoption of the appropriate measure.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
ordinance:
(#31740-101193) AN ORDINANCE governing the
procedures and standards for the regulation of cable
television rates, pursuant to the rules of the Federal
164
ACTION:
Communications Commission and the Cable Television
Consumer Protection and Competition Act of 1992; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 373.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
31740-101193. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members McCadden, White, Bowles,
Fitzpatrick, Harvey and Mayor Bowers- 6.
NAYS: None 0.
(Council Member Musser was absent.)
REPORTS OF COMMITTEES:
PURCHASE/SALE OF P.ROPERTY-PARKS AND RECREATION-
DONATIONS/CONTRIBUTIONS-HOUSING/AUTHORITY-WATER
RESOURCES: Council Member Elizabeth T. Bowles,
Chairperson of the Water .Resources Committee, presented
a written report on behal~ of the Committee, with regard
to property identified a~ Spottswood Park, Official Tax
No. 1221009, advising that Spottswood Park, located
across Cleveland Avenue, S. W., south of Mountain View
Recreation Center, was ~ donated to the City by the
Fishburn family many years ago; that similar deed
restrictions apply to both donated properties, primarily
that they be retained by the City for public use; that
currently Spottswood Park is mowed and maintained as open
space; that the lots cannot be conveyed without written
agreement of all Fishbur~ heirs and a legal proceeding to
clear title; and current policy, once City-owned land has
been declared surplus,, is to solicit bids and sell
property to the bidder, making the bid in the best
interest of the City, having taken into consideration the
proposed purchase price and the proposed use of the
property.
It was further advised that William S. Hubard,
representing Habitat for Humanity in the Roanoke Valley
(Habitat) ~ proposed to the Water Resources Committee that
the property be deeded to Habitat for HumaRity for
proposed residential use; that City staff, due to
Habitat's religious affiliations and certain restrictions
with regard to recreational uses in the original deed
transferring the tract from the Fishburn Family to the
City, recommended against a direct transfer of title from
165
II
ACTION:
the City to Habitat for Humanity; that at the suggestion
of the Water Resources Committee, Mr. Hubard agreed to
contact the Fishburn heirs concerning other methods to
accomplish the title transfer; and at its regular meeting
on September 27, 1993, the Water Resources committee
received a report from Mr. Hubard with regard to contacts
with the Fishburn heirs.
The Water Resources committee recommended that
Council authorize the transfer of title to the Spottswood
Park property, Official Tax No. 1221009, back to the
J. B. Fishburn heirs for their donation to Habitat for
Humanity in the Roanoke Valley for the purpose of
constructing several low-income homes.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved ~that council concur in the
recommendation of the Water Resources Committee. The
motion was seconded by Mr. Fitzpatrick.
Mr. Harvey called advised that on other occasions,
he had publicly stated that he was not inclined to
support future construction of low income housing in the
City of Roanoke until the City has adopted a
comprehensive plan to address the issue of middle and
upper income housing. He inquired as to whether or not
Roanoke will ultimately-become a city of low income
people or will it make a concerted effort to promote
middle and upper income housing. He added that the City
of Roanoke has been the leader in the entire Roanoke
Valley in promoting programs for low income persons.
Mr Harvey offered a substitute motion that the
. ' f Habitat for Humanity, Inc., be tabled pending
request o ....... , .... er with regard to a
a report .... ,-- ~ ddress middle and upper income
comprehensive p~a.. ~v a
housing in the City of Roanoke, and that Habitat for
Humanity be requested to provide Council with information
as to the number and location of houses constructed by
said organization in the City of Roanoke, the County of
Roanoke, the Town of Vinton and the City of Salem. The
substitute motion was seconded by Mr. White.
The Vice-Mayor advised that Mr. Harvey's cencern is
Justified, however, he stated that Habitat for Humanity
does more than bring loW income housing into the City of
e it enables i~dividuals who currently rent to
Roanok -- . ...... --~ real estate taxes
purchase their own homes anu cnuu, r-z -
tO the City. He expressed concern that there are people
166
ACTION:
who need and desire the type of housing that Habitat for
Humanity can provide at this time who cannot afford to
wait until the City decides how it wishes to handle upper
and middle income housing. He spoke in support of
Council authorizing the property in question to be used
for the purpose requested by Habitat for Humanity and
concurred in by the Flshburn heirs.
Following discussion, the substitute motion offered
by Mr. Harvey, seconded.by Mr. White was adopted, Vice-
Mayor Fitzpatrick and Council Member Bowles voting no.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
BUDGET-SCHOOLS: Ordinance No. 31718 amending and
reordaining certain sections of the 1993-94 School Fund
Appropriations, appropriating $10,000.00 in connection
with the Vocational Education Teen Mothers Program, to
provide child care for students enrolled in the Teen
Parents Employability Development Class, having
previously been before the Council for its first reading
on Monday, October 4, 1993, read and adopted on its first
reading and laid over, was again before the body, Mr.
McCadden offering the f~llowing for its second reading
and final adoption:
(#31718-101193)
certain sections
Appropriations.
AN ORDINANCE to amend and reordain
of . the 1993-94 School Fund
(For full text of Ordinance, see Ordinance Book No. 54,
page 362.) ~
Mr. McCadden moved~the adoption of Ordinance No.
31718-101193. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members McCadden, White, Bowles,
Fitzpatrick, Harvey and Mayor Bowers 6.
NAYS: None ,. 0.
(Council Member Musser was absent.)
BUDGET-WATER RESOURCES: Ordinance No. 31724
approving issuance of Change Order No. 2 to the City's
contract with Hammond-Mitchell, Inc., for construction of
the Falling Creek Finished Water Reservoir, in the amount
167
ACTION:
of $7,535.00, for a total contract amount, including
Change Order No. 2, of $238,375.00, having previously
been before the Council for its first reading on Monday,
October 4, 1993, 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:
(#31724-101193) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 2 to the City's
contract with Hammond-Mitchell, Inc., for the
construction of the Falling Creek Finished Water
Reservoir.
(For full text of Ordinance, see Ordinance Book No. 54,
page 363.)
Mr. White moved the adoption of Ordinance No. 31724-
101193. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members McCadden, White, Bowles,
Fitzpatrick, Harvey and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
BUDGET-INDUSTRIES-CONSULTANTS REPORTS-WATER
RESOURCES: Ordinance No. 31725 amending and reordaining
certain sections of: the 1993-94 Water Fund
Appropriations, providing for the transfer of $88,975.00,
in connection with additional engineering services to be
performed by Mattern and Craig, Inc., for design and
construction administration of the Roanoke Centre for
Industry and Technology Water Storage Tank, having
previously been before the Council for its first reading
on Monday, October 4, 1993, 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:
(#31725-101193) AN ORDINANCE to amend and reordain
certain sections of- the 1993-94 Water Fund
Appropriations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 364.)
168
ACTION:
ACTION:
Mr. Fitzpatrick moved tile adoption of Ordinance No.
31725-101193. The motion, was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members McCadden, White, Bowles,
Fitzpatrick, Harvey and Mayor Bowers 6.
NAYS: None 0.
(Council Member Musser was absent.)
PURCHASE/SALE OF PROPERTY-EASEMENTS-CITY PROPERTY:
Ordinance No. 31728 accepting an offer of John and Betsy
Williams, Frank Roupas and Travroula Tampasis to purchase
a small portion of real property, identified as Official
Tax No. 4010209, owned by the City, lying behind Tony's
Place and Billy's Ritz, S. E.; and authorizing the
granting of a revocable vehicular access easement over
surrounding City-owned property for the consideration of
$6,000.00, having previously been before the Council
forits first reading on Monday, October 4, 1993, 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:
(#31728-101193) AN ORDINANCE accepting an offer to
purchase a portion of real property owned by the City and
located behind Tony's Plate and Billy's Ritz, authorizing
conveyance by quitclaim deeds, and authorizing the
granting of a revocable vehicular access easement over
surrounding City-owned property.
(For full text of Ordinance, see Ordinance Book No. 54,
page 365.)
Mrs. Bowles moved the adoption of Ordinance No.
31728-101193. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members McCadden,
Fitzpatrick, Harvey and Mayor Bowers
NAYS: None
White, Bowles,
6.
(Council Member Musser was absent. )
MOTIONS AND MISCEIJuANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
169
ACTION:
TRAFFIC-COMPLAINTS: council Member McCadden called
attention to the concern of residents of the 10th Street
Hunt Avenue, N. W., areas with regard to a hazardous
and .......... ~hbound from Williamson Road to Hunt
traffic sl%ua~o~, ~uu~
Avenue, and advised that residents have requested
installation of a traffic:light.
Without objection by Council, the Mayor advised that
the matter would be referred to the City Manager for
study, report and recommendation to council within 30
days.
OATHS OF OFFiCE-COMMITTEES-INDUSTRIES: Mr. White
offered the following resolution:
(#31741-101193) A- RESOLUTION reappointing two
Directors of the industrial Development Authority of the
City of Roanoke, to fill a four year term on its Board of
Directors. ~
(For full text of Resolution, see Resolution Book No. 55,
page .)
Mr. White moved the adoption of Resolution No.
31741-101193. The motion'was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: council Members McCadden, White, Bowles,
Fitzpatrick, Harvey and Mayor Bowers
NAYS: None ,
(council Member Musser was absent.)
OTHER HEARINGS OF CITIZENS: None.
At 8:40 p.m., the Mayor declared the meeting in
recess.
At 9:10 p.m., the meeting reconvened in the council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of council
Member Musser.
COUNCIL: A communication from vice-MayOr Beverly T.
Fitzpatrick, Jr., tendering his resignation as a member
of the Roanoke City coun=il, effective October 15, 1993,
was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
170
ACTION=
ACTION=
ACTION=
Mr. McCadden 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.
Mrs. Bowles offered the following resolution:
(#31742-101193) A RESOLUTION recognizing and
commending the Honorable Beverly T. Fitzpatrick, Jr.,
Vice-Mayor of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 55,
page 379.)
Mrs. Bowles moved the adoption of Resolution No.
31742-101193. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members McCadden, White, Bowles,
Harvey and Mayor Bowers 5.
NAYS: None
(Council Member Musser was absent.) (Vice-Mayor
Fitzpatrick abstained from voting.)
At 9:25 p.m., the Mayor declared the meeting in
recess.
At 9:55 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Member Musser.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden 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:
AYES: Council Members McCadden, White, Bowles,
Fitzpatrick, Harvey and Mayor Bowers 6.
NAYS~ None
(Council Member Musser was absent.)
171
There being no further business, the Mayor declared the
meeting adjourned at 9:57 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
172
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
October 25, 1993
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, October 25,
1993, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetinqs, of Section
2-15, Rules of Procedure, Code of ~he City of Roanoke (1979), as
amended. ,
PRESENT:
Bowles, James
David A. Bowers
Council Members William White, Sr., Elizabeth T.
G. Harvey, II, Delvis O. McCadden and Mayor
5.
ABSENT: Council Member Howard E. Musser ....... 1.
(The resignation of Vice-Mayor Beverly T. Fitzpatrick, Jr., was
effective October 15, 1993.)
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dlbling, Jr., City Attorney; James-D. Grisso, Director of Finance;
and Mary F. Parker, City Clerk.
The meeting was opened with a-prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
COUNCIL: A communication from Mayor Bowers
requesting that Councill meet in Executive Session to
discuss a personnel matter, being the appointment of a
member of City Council to fill a portion of an unexpired
term, 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. White moved that Council concur in the request
of the Mayor to convene)in Executive Session to discuss
a personnel matter, being the appointment of a member of
City Council to fill a portion of an expired term,
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:
173
ACTION:
AYES: Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers ........ 5.
NAYS: None 0.
(Council Member Musser was absent.)
At 2:05 p.m., the Mayor declared the meeting in
recess.
At 2:30 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Member Musser.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. McCadden 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 foil. owing vote:
AYES: Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers ........ 5.
NAYS: None'
O®
(Council Member Musser was absent.)
COUNCIL-ELECTIONS: - The Mayor called attention to
the resignation of Vice-Mayor Beverly T. Fitzpatrick,
Jr., effective October 15, 1993; whereupon, he opened the
floor for nominations to fill a portion of the unexpired
term. ending June 30, 1994.
Mr. Harvey placed in nomination the name of John S.
Edwards.
There being no further nominations, Mr. Edwards was
elected as a Member of the Roanoke City Council to fill
a portion of the unexpired term of Beverly T.
Fitzpatrick, Jr., resigned, ending June 30, 1994, by the
following vote: .
174
ACTION:
ACTION:
FOR MR. EDWARDS: Council Members White, Bowles,
Harvey, McCadden and Mayor Bowers 5.
(Council Member Musser was absent.)
Mr. McCadden advised that if Mr. Edwards is elected
to fill a portion of the unexpired term of former Vice-
Mayor Fitzpatrick, it is hoped that he will seriously
consider not offering himself as a candidate for the
remainder of the unexpired term (July 1, 1994 - June 30,
1996).
Mrs. Bowles expressed concurrence in Mr. McCadden's
remarks.
Mr. White offered the following resolution:
(#31743-102593) A RESOLUTION appointing John S.
Edwards as a member of the City Council of the City of
Roanoke for a term commencing November 1, 1993, and
expiring June 30, 1994.
(For full text of Resolution, see Resolution Book No. 55,
page 386.)
Mr. White moved the adoption of Resolution No.
31743-102593. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers ~ - ........ 5.
NAYS: None-- O.
(Council Member Musser wfls absent. )
DRUGS/SUBSTANCE ABUSE-PROCLAMATIONS: The Mayor
issued a proclamation declaring October 23 - 31, 1993, as
Red Ribbon Week in the City of Roanoke.
!
(For full text, see proclamation on file in the City
Clerk's Office.)
BUDGET-LEGISLATION-CITY GOVERNMENT-PROCLAMATIONS-
MISCELLANEOUS: The Mayor issued a proclamation declaring
October 27, 1993, as Unfunded Mandates Day in the City of
Roanoke. ~
(For full text, see PrOclamation on file in the City
Clerk's Office.) ~
175
ACTION:
Mr. Harvey offered the following resolution:
(#31744-102593) A RESOLUTION imploring the Federal
and State governments to reduce the burden of unfunded
mandates on local governments and on our citizens, and
endorsing the efforts of the United States Conference of
Mayors, the National League of Cities and the Virginia
Municipal League with regard to such unfunded mandates.
(For full text of Resolution, see Resolution Book No. 55,
page 387.)
Mr. Harvey moved the adoption of Resolution No.
31744-102593. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members
McCadden and Mayor Bowers
White, Bowles, Harvey,
NAYS: None-
(Council Member Musser was absent.)
PUBLIC HEARINGS
ZONING-FLOOD REDUCTiON/CONTROL-SUBDIVISIONS:
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 25, 1993,
at 7:30 p.m., or as soon thereafter as the matter may be
heard, to consider proposed amendments to Chapter 36.1,
Zoninq, of the Code of the City of Roanoke (1979), as
amended, such amendments to clarify and make consistent
with Federal Insurance Administration and Federal
Emergency Management Agency regulations, certain sections
of the floodplain zoning regulations, the matter was
before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
October 8, 1993, and Friday, October 15, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the City's Floodplain Ordinance was revised on
January21, 1992, pursuant to Ordinance No. 30839-012192,
in order: (1) to bring the existing floodplain
regulations into conformance with recent Federal
requirements promulgated by the Federal Emergency
176
ACTION=
Management Agency (FEMA), (2) to qualify the City of
Roanoke for discounts on flood insurance rates, and (3)
to improve the internal organization and structure of the
current ordinance, was before Council.
It was further advised that the most recent
amendments to the Floodplain Ordinance were approved by
Council on October 4, 1993, pursuant to Ordinance No.
31697-100493; that the '.Federal Emergency Management
Agency has requested additional revisions to the City's
floodplain regulations; and specifically, the following
changes are necessary:
delete the words :"with a two (2) foot
freeboard added" from the definition of "Base
flood elevation";
delete the words "boundary and floodway map"
from Section 36.1-36~(1) and replace them with
"Insurance Rate Map";
delete the words "boundary and floodway map"
from Section 36.1-362(2) and replace them with
"Insurance Rate Map";
delete the words "boundary and floodway" from
Section 36.1-363(b)~ and replace them with
"InsuraRce Rate";
delete the words "in the form of a letter of
map amendment (LO,A)" from Section 36.1-
363(c);
delete the word "haDltable" from Section 36.1-
364(f); and i
amend Section 36.17370 by the addition of a
new provision requiring applicants for
variances or spegial exception uses in
floodways to obtaip a Conditional Letter of
Map Revision (LOMR) from FEMA.
The City Plannin~ Commission recommended that
Council approve the prqposed amendments as sunhmartzed
above.
(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:
177
(#31745) AN ORDINANCE amending Section 36.1-361,
Floodplain management regulations; definitions;
subsections (1) and .(2) of Section 36.1-362,
Establishment of floodplain areas; subsections (b) and
(c) of Section 36.1-363, Application; and subsection (f)
of Section 36.1-364, Floodplain development regulations;
and adding subsection (6)-of Section 36.1-370, Procedure
for variances and special exception uses in floodways, of
Subdivision E., Floodplain Zoning Regulations, of Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979),
as amended, such amendments to clarify, and make
consistent with Federal Insurance Administration and
Federal Emergency Management Agency regulations, certain
sections of the Floodplain Zoning Regulations.
(For full text of Ordinance, see Ordinance Book No. 54,
page .)
The motion was seconded by Mr. McCadden.
The Mayor inquired if there were persons present who
would like to address Council with regard to the matter.
There being none, Ordinance No. 31745 was adopted, on its
first reading, by the following vote:
AYES: Council Members White,
McCadden and Mayor Bowers
NAYS: None
Bowles, Harvey,
(Council Member Musser 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.
MINUTES: Minutes of the regular meetings of Council
held on Monday, July 12~ 1993; the regular and special
meetings held on Monday, August 9, 1993; and the regular
and special meetings held on Monday, August 23, 1993,
were before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
178
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved tha~ 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 White,
McCadden and Mayor Bowers
Bowles, Harvey,
NAYS: None
(Council Member Musser was absent.)
VIRGINIA MUNICIPAL ~EAGUE: A communication from
Mayor David A. Bowers. advising that the Virginia
Municipal League has selected the City of Roanoke as the
site for its 1996 State Convention to be held at the
refurbished Hotel Roanoke and Conference Center, was
before Council. '
(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:
AYES: Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers ...... 5.
NAYS: None 7. 0.
.:
(Council Member Musser was absent.)
AUDIT COMMITTEE: M~nutes of a meeting of the Audit
Committee held on October 4, 1993, were before Council.
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the minutes be received and
filed. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members White,
McCadden and Mayor Bowers
NAYS: None
(Council Member Musser was absent.)
Bowles, Harvey,
®
179
11
AC?ION:
BUDGET-CMERP: A report of the City Manager with
regard to recommended expenditures to address the City's
critical Capital Maintenance and Equipment Replacement
needs, was before Council.
The City Manager advised that during the past three
months, the City Administration has been working to
identify and prioritize capital maintenance and equipment
replacement needs; that operating departments submitted
in excess of $6.3 million in capital requests for needed
vehicles, equipment replacement and maintenance; and
critical capital needs, in the amount of $3,052,081.00,
were identified through a process of prioritizing
requests based on a certain City-wide evaluation
criteria.
It was further advised that the fiscal year 1992-93
General Fund balance designated for Capital Maintenance
and Equipment Replacement (CMERP) is $2,561,827.00, and
is divided between - the City Administration
($1,333,907.00) and the School Administration
($1,227,920.00) on the basis of previously established
policy; and after allowance for appropriations already
approved by Council, $1,317,247.00 is available for City
Administration purchases of vehicles, equipment and
maintenance items.
The City Manager explained that in the future, the
City Administration will convey to Council
recommendations on award of contracts for vehicles,
equipment, and maintenance items which will have been bid
under the City's normal procurement procedures, and
Council will be requested to appropriate funds for
expenditure items not exceeding $15,000.00 each.
(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. Harvey and adopted
by the following vote:
AYES: Council Members
McCadden and Mayor Bowers
White, Bowles, Harvey,
NAYS: None
e
(Council Member Musser was absent.)
180
ACTION=
BUDGET-CITY EMPLOYEES: A report of the City Manager
advising that personnel ;.lapse is generated due to
employee turnover and vacancies in City Departments; that
for the current fiscal year, salary savings of
$725,000.00 are projected as a result of vacancies; and
transmitting the followhng figures representing the
status of personnel lapse for fiscal year 1993-94 as of
September 30, 1993, was before Council.
"GENERAL FUND:
Total Budgeted Personnel Lapse
($725,000.00)
First Quarter Personnel
Lapse Generated
July
August
September
$101,827.Q0
102,462.00
99~811.00
$304,100.00
Less Revenue
Adjustment
( 34,941.00)
Net First Quarter
Reduction
269,159.00
Personnel Lapse Balance Remaining
After First Quarter ($455,841.00)
-_
(For full text, see report on file in the City Clerk's
Office. ) 3
:-.
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council-Members White, Bowles, Harvey,
McCadden and Mayor Bowers ...... 5.
NAYS: None 0.
(Council Member Musser was absent.)
OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING
DEPARTMENT: A report of gualiftcatton of Lynn D. Avis as
a member of the Board of Adjustments and Appeals,
Building Code, for a term ending September 30, 1998, was
before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
181
ACTION~
ACTION:
ACTION=
Mrs. Bowles 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 White, Bowles, Harvey,
McCadden and Mayor Bowers ...... 5.
NAYS: None-- -0.
(Council Member Musser was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER: A
report of qualification of Vernon M. Danielsen as a
member of the Roanoke Civic Center Commission, for a term
ending September 30, 1996, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers ........ 5.
NAYS: None
(Council Member Musser was absent.)
OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW
BOARD: A report of qualification of Kenneth L. Motley
and W. L. Whltwell as members of the Architectural Review
Board, for terms ending October 1, 1997, 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.
Harvey and adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers .... 5.
NAYS: None
(Council Member Musser was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
DOWNTOWN ROANOKE~ INCORPORATED-COMPLAINTS-
MISCELLANEOUS: A request; of Laurence Buckner, Jr., to
address Council with regard to the closing of the
Woolworth Department Store located on Campbell Avenue,
S.W., having been placed on the agenda, the Mayor
advised that Mr. Buckner had withdrawn his request to be
heard.
PETITIONS AND COMMUNICATIONS:
BUDGET-GRANTS-SCHOOLS: A communication from the
Roanoke City School Board requesting appropriation of
funds to the following school accounts, was before
Council. ~
Grant No. 6518 -
Grant No. 6914 -
Grant No. 6915 -
155,000.00 for the 1993-94
Preschool Transition Program to
provide therapy and instruction
.to pre-school handicapped
students. The Program will be
· 100 per cent reimbursed by
Federal funds.
:
$156,400.00 for the 1993-94
Family ERA Program to provide
for a family-school partnership
.to promote family education and
lstudent readiness and
:. achievement. The Program will
~,be 100 per cent reimbursed by
;~ Federal funds.
$1,460.00 for the 1993-94
: Nutrition Education and
Training Program to promote
.. nutrition education in
, elementary schools.
Grant No. 6916 -
$4,700.00 for the Hurt Park
Tutorial Program to continue
the after-school tutorial
~: program at Hurt Park. The
· Program is ~0 per cent funded
by the Department of Education
~ and Central Fidelity Banks,
l, Inc.
183
ACTION:
A report of the Director of Finance concurring in
the request of the School Board, was also before the
body.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. White offered the following emergency budget
ordinance:
(#31746-102593) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 School Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 389.)
Mr. White moved the adoption of Ordinance No. 31746-
102593. The motion was seconded by Mr. McCadden and
adopted by the following-vote:
AYES: Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers-- . ..... 5.
NAYS: None
(Council Member Musser was absent.)
BUDGET-CITY jAiL-GRANTS-SCHOOLS: A communication
from the Sheriff advising that in 1987, Governor Gerald
Ballles initiated a Literacy Program for inmates
incarcerated in the Virginia Department of Corrections;
that the 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 since fiscal year
1988-89, Federal grant funds have been made available to
local jails to provide educational programs for inmates
at the local level; that the Roanoke City Jail has
received grant funds for the past five fiscal years to
employ a part-time teacher to provide an educational
program for inmates; and the educational program has
proven to be successfuli was before Council.
It was explained that the Roanoke City Schools
requested and received approval for additional Federal
grant funding to provide a full-time education program
for the Roanoke City Jail during fiscal year 1993-94;
that the request for additional Federal funding was
submitted as a follow-up to the Annual Program
Application for adult education under the State Adult
184
ACTION~
Literacy and Adult Education Act; that funds are
administered by the Adult ~ducation Service for the State
Department of Education through local school divisions;
that Federal funds not to exceed the amount of $8,903.00
have been approved to reimburse Roanoke City for 90 per
cent of the total cost to provide a full-time teacher to
operate the educational program for 52 weeks; and Roanoke
City is required to provide a local ten per cent cash
match or $98Q-00, for a total cost for additional funds
for the program of $9,892.00.
The Sheriff recommended that the Director of Finance
be authorized to take the following actions:
increase the revenue estimate for the Adult
Basic Education Grant, in the amount of
$8~903.00, in Federal funds in Account No.
035-035-1234-7145, and $989.00 in local cash
match in Account No. 035-035-1234-7146;
transfer the total local match funding, in the
amount of $2,822.00, from Roanoke City Jail -
Fees for Professio~l Services, Account No.
001-024-3310-2010; and
appropriate $9,892.00 in the Grant Fund to the
following accounts: ,
Temporary Wages, Account No.
035-024-5005-1084 $9,189.00
FICA, Account No.c035-024-
5005-1120 a 703.00
(For full text, see co~munication on file tn the City
Clerk's Office.)
Mr. McCadden offered the following emergency budget
ordinance: .
(#31747-102593) AN, ORDINANCE to amend and reordain
certain sections of the 1993-94 General and Grant Fund
Appropriations, and pro~iding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 391.)
Mr. McCadden move~ the adoption of Ordinance No.
31747-102593. The moti~ was seconded by Mr. Harvey and
adopted by the following, vote:
185
AYES: Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers 5.
NAYS: None
(Council Member Musser was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
TRAFFIC-STATE HiGHWAYS-LEGISLATION-ECONOMIC
DEVELOPMENT: The City Manager submitted a written report
advising that the Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA) authorized the development
of a National Highway System (NHS) in order to "...
provide an interconnected system of principal arterial
routes which will serve major population centers,
international border crossings, ports, airports, public
transportation facilities, other intermodal
transportation facilities and other major travel
destinations; meet national defense requirements; and
serve interstate and interregional travel".
It was further advised that ISTEA also identified in
Section 1105, High Priority Corridors on National Highway
System, the Interstate 73 (I-73) corridor from
Charleston, South Carolina, to Detroit, Michigan; and at
a regular meeting on September 27, 1993, Council directed
the City Manager to determine the status of 1-73 plans
and. advise Council on the procedure to lobby for the
roadway.
It was explained that West Virginia has established
its portion of 1-73 to follow the current alignment of
U.S. Route 52 from Huntington to Bluefield; that North
Carolina has legislation pending which addresses the need
for the 1-73 corridor to serve Winston-Salem; that the
Virginia Department of-Transportation (VDOT) has not
studied or decided where 1-73 should be located in
Virginia; that VDOT officials hope to meet in the near
future with representatives of West Virginia and North
Carolina to Jointly study the corridor opportunities in
Virginia; and at least six potential 1-73 corridors have
been suggested by various elected officials, civic
organizations and concerned citizens across southwestern
Virginia.
186
ACTION:
The City Manager advised that the U.S. Route 460/220
Corridor alignment (Route 460 from West Virginia to
Roanoke and Route 220 from Roanoke to the North Carolina
State Line) is supported by the Executive Committee of
the Blue Ridge Region of Virginia, Inc.; and a resolution
adopted by the organization in support of the project
further resolved that localities and other interested
parties along the alignment take similar positions
endorsing the development of 1-73 along the proposed
corridor.
The City Manager recommended that Council adopt a
resolution in support of the alignment for 1-73 through
Virginia that would generally follow Route 460 from the
West Virginia line to Roanoke and Route 220 south from
Roanoke to the North Carolina line; and request the
Virginia Department of Transportation to actively study
the 1-73 alignment through Virginia and urge other
localities and interested parties along the proposed
alignment to take similar positions endorsing development
of 1-73 along the proposed corridor.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered:the following resolution:
(#31748-102593) A RESOLUTION urging that Interstate
73 in the Commonwealth of. Virginia follow the U.S. Route
460 and U.S. 220 corridor alignment.
(For full text of Resolut&on, see Resolution Book No. 55,
page,393.)
Mrs. Bowles moved the adoption of Resolution No.
31748-102593. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers~' . ..... 5.
NAYS: None.
(Council Member Musser ~as absent.)
HEALTH DEPARTMENT-HUMAN DEVELOPMENT: The City
Manager submitted a written report advising that a local
commitment statement-w~s used in previous years to
certify that Council appropriated a certain amount for
support of the Roanoke City Health Department; and Health
187
Laws of Virginia, Chapter 1, Article 5, Paragraph 32.1-
31, "Operation of local health department under contract
with Board; district health departments," states (in
part), as follows:
"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 as the Board
and the governing body may agree upon."
It was further advised that the local commitment
statement was declared obsolete and was replaced with a
contract and a services checklist which must be
completed, pursuant to instructions from the State Health
Department under date of September 27, 1988; that said
contract bstween the Commonwealth of Virginia and the
City of Roanoke is necessary for proper billing to
localities for health and environmental services; that
the contract establishes that legal defense with respect
to services performed pursuant to local ordinance,
services performed pursuant to State enabling legislation
as set out in Title 15.1 of the State code, and certain
other services as set forth in the contract will be
provided by the City Attorney; and this requirement will
continue to 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, approved
as to form by the City Attorney, with the State Health
Department, pursuant to State Health Laws.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following resolution:
(#31749-102593) A .RESOLUTION authorizing the City
Manager or his designee to enter into a contract with the
Virginia Department of Health relating to the operation
of the local Health Department, upon certain ter~s and
conditions. ·
(For full text of Resolution, see Resolution Book No. 55,
page 395.) ~
188
ACTION:
Mr. McCadden moved the adoption of Resolution No.
31749-102593. The motionwas seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers ..... 5.
NAYS: None
(Council Member Musser was absent.)
POLICE DEPARTMENT-CITY CODE-CITY EMPLOYEES: The
City Manager submitted a written report advising that the
Police Department is currently in the final stages of the
National Accreditation Process; that Accreditation
Standards for use of civilian volunteers are not
compatible with the department's current practices, which
are based on Chapter 23~ Article III, Sections 23-25
through Sections 23-43 of the Code of the City of Roanoke
(1979), as amended; that the Auxiliary Police Unit, with
roots dating back to the Office of Civil Defense, was
established in 1965; and members have donated thousands
of hours of service to the community through support and
assistance of police officers in the performance of their
duties. ~
It was further advised that the Auxiliary Police is
currently composed of volunteers who have specific
authority and requirements governed by the City Code;
viz: authority to carry firearms, limited arrest
authority, limited training requirements, and exemption
from City liability ~overage; that accreditation
standards define armed civilian volunteers having arrest
authority as "reserve officers" and require appointment,
training and liability coverage equal to full time sworn
police officers; that civilian volunteers may meet
accreditation training s~andards by attending the Police
Department's basic training academy which requires 14
consecutive weeks of attendance and places an extreme
burden on the volunteer;~.that four of the 17 members of
the Auxiliary Unit mus~ meet accreditation training
standards; and Auxiliary:Police representatives met with
the Chief of Police and appropriate staff members to
participate in the interim step to meet accreditation
standards.
189
ACTION:
The City Manager recommended that Council rescind
Sections 23-35 through 23-43 of Article III, Chapter 23,
Code of the City of Roanoke (1979), as amended, and
formally recognize the Auxiliary Police Unit for
outstanding service to the community, dedication to duty,
and personal sacrifice.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(#31750-102593) AN ORDINANCE amending the code of
the City of Roanoke (1979), as amended, by repealing
Article III, Auxiliary Police of Chapter 23, Po.licg, to
abolish the auxiliary police force of the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 395.)
Mrs. Bowles moved the adoption of Ordinance No.
31750-102593. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Membe&s White, Bowles, Harvey,
McCadden and Mayor Bowers ...... 5.
NAYS: None
(Council Member Musser was absent.)
POLICE DEPARTMENT-BUDGET-GENERAL DISTRICT COURT-
CLERK OF COURTS-MANAGEMENT AND BUDGET-EQUIPMENT: The
City Manager submitted a written report advising that the
Department of Management Services is charged with the
responsibility of providing/maintaining photocopy
equipment capable of reproducing an average of 210,000
copies per month for all City departments and agencies,
which copiers are strategically located throughout the
Municipal Complex, Courthouse and at outlying City
facilities.
The City Manager further advised that in order to
maintain the current level of productivity, equipment
needs to be replaced in the Office of Clerk of Circuit
Court, Office of the General District Court Clerk, and
Services Division of the Police Department; that
Council's approval of the appropriation from a Retained
Earnings account is necessary in order to purchase the
190
ACTION:
equipment; and a request for bids was sent to 13 firms
and nine bids were received and opened on July 21, 1993,
in the Office of the Manager of General Services.
The City Manager recommended that Council accept the
lowest responsible bid meeting specifications for two new
Monroe RL-946DX copiers, as submitted by Monroe Systems
for Business, Inc., one at, a cost of $6,788.00 to include
trade-in, and one at a cost of $7,038.00 to exclude
trade-in offered; and one Mira DC 7090 Copier, as
submitted by Cobb Office~Products, Inc., at a cost of
$10,200.00; and that Council appropriate $24,026.00 from
Management Services Retained Earnings to Management
Services, Other Equipment,%Account No. 015-002-1618-9015,
to provide funds for said purchases.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31751-102593) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Management Services Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 396.)
Mr. White moved the adoption of Ordinance No. 31751-
102593. The motion was seconded by Mr. I{arvey and
adopted by the following vote:
AYES~ Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers ...... 5.
NAYS: None 0.
(Council Member Musser was absent.)
Council Member Wh£He requested that he be provided
with a private briefing with regard to the use of
photocopiers within the- City government structure, as
well as the City's Print Shop, i.e.: number of and cost
of operating photocopiers and maintenance costs, etc= He
also inquired as to whether or not there are certain City
printing services and ,school services that could be
combined in order to provide a cost savings.
191
ACTION:
INSURANCE-BUDGET-CITY JAIL-PUBLIC WORKS-CMERP-
EQUIPMENT: The City Manager submitted a written report
advising that the air conditioner at the City Jail failed
to operate and a first call was made to the service
provider on May 28, 1993; that a report was submitted to
Council on June 28, 1993, on the state of the emergency;
that emergency measures were taken to initiate repairs on
June 28, 1993, pursuant to Section 23.1-6, Code of the
City of Roanoke (1979), as amended; that York
International, Inc., the equipment manufacturer, made
repairs and re-installed an air conditioner on July 18,
1993, at a cost of $39,900.00; and inasmuch as the unit
was repaired and put back in service in an expedient
manner, funding of $39,900.00 necessary to pay York
International, Inc.
The City Manager~- recommended that Council
appropriate $39,900.00 from the Capital Maintenance
Equipment Replacement Program account to Building
Maintenance, Outside Contracts, Account No. 001-052-4330-
3056, to fund the abovedescribed repairs.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance: '
(%31752-102593) AN ORDINANCE to amend and reordain
certain sections of : the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 397.)
Mr. Harvey moved the adoption of Ordinance No.
31752-102593. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers- - .... 5.
NAYS: None ...... 0.
(Council Member Musser was absent.)
BUILDINGS/BUILDING~EPARTME~-PARKSANDRECREATION-
PUBLIC WORKS-LIBRARIES-C°NSULTANTs REPORTS: The City
Manager submitted a written report advising that in
January 1990, a study was completed with regard to the
possible reduced cost of custodial services for various
192
ACTION:
libraries and Parks and Recreation Centers; that the
original contract amount of $55,195.46 was awarded in
August 1990; that annual operating cost for the service
to be provided in-house would be approximately $90,000.00
per year; that in August 1993, specifications were
developed and a request for quotation was sent to 18
firms that are qualified to provide the desired service;
and six bids were received and opened in the Office of
the Manager of General Services on August 25, 1993.
The City Manager recommended that Council accept the
lowest responsible bid submitted by Cleaning Services
Management, Inc., to provide custodial services for the
period of November 1, 1993, through October 31, 1994,
with an option to renew for two additional one year
periods, at an annual cost of $55,200.00; and reject all
other bids received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
¢
(#31753-102593) A RESOLUTION accepting the bid of
Cleaning Services Management, Inc., to provide 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 fo, the work.
(For full text of Resolution, see Resolution Book No. 55,
page 398.)
Mrs. Bowles moved the adoption of Resolution No.
31753-102593. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members
McCadden and Mayor Bowers
NAYS: None
White, Bowles, Harvey,
(Council Member Musser was absent.)
BILLINGS ANDCOLLECTIONS-EMERGENCY MEDICAL SERVICES:
The City Manager submitted a written report advising that
Council approved $130,000.00 in the fiscal year 1993-94
budget for a billing and collection service for Emergency
Medical Services; that the contract with Health East,
Inc., which currently provides the billing and collection
193
ACTION:
service, expired on June 30, 1993; that the contract has
been extended on a month-to-month basis pending re-
advertisement for proposals; and following public
advertisement, ten proposals were received, interviews
were held, and negotiations were conducted with Quantum
Medical Business Service, the firm determined to be the
best qualified to perform the service, pursuant to the
City's Procurement Code guidelines.
The City Manager recommended that Council award a
contract, to Quantum Medical Business Service for the
period November 1, 1993, through October 30, 1994, with
an option to renew for two additional one year periods,
the form of said contract to be approved by the City
Attorney.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following resolution=
(%31754-102593) A RESOLUTION authorizing the City
Manager to enter into a contract with Quantum Medical
Business Service to provide Emergency Medical Service
billing and collections services.
(For full text of Resolution, see Resolution Book No. 55,
page 399.)
Mr. McCadden moved the adoption of Resolution No.
31754-102593. The motion was seconded by Mrs. Bowles and
adopted by the following~vote:
AYES: Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers. - ..... 5.
NAYS: None.
(Council Member Musser was absent.)
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance
submitted the financial-report for the City of Roanoke
for the month of September 1993.
(For full text, see fin~cial report on file in the City
Clerk's Office.) ,
194
ACTION:
ACTION~
Mr. Harvey moved that the financial report be
received and filed. The motion was seconded by Mr.
McCadden and adopted. !
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAINS-WATER RESOURCES: Council
Member William White, Sro, Chairperson of a committee
appointed by the Mayor to tabulate bids received for
alterations to Aeration ~ Basins' Nos. 7 and 9, and
Nitrification Basins Nos.~ 1, 2, 3 and 4, at the Water
Pollution Control Plant, presented a written report on
behalf of the committee, recommending that Council award
a contract to Breakell., Inc., in the amount of
$157,800.00, with a contingency of $7,900.00, for a total
contract amount of $165,700.00, and 190 consecutive
calendar days to complete:the work, with funds available
in Sewage Maintenance Account No. 003-056-3155-2048, the
form of said co.~t to be approved by the City
Attorney~~ll other bids received by the City.
Th~~nager submitted a written report
concurring-~n t~recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency ordinance:
(~31755-102593) AN~ORDINANCE accepting the bid of
Breakell, Inc., for alterations to Aeration Basins Nos.
7 and 9, and Nitrification Basins Nos. 1, 2, 3 and 4 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. 55,
page 400.)
Mr. White moved the adoption of Ordinance No. 31755-
102593. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council. Members White, Bowles,
McCadden and Mayor Bowers-
Harvey,
NAYS: None
(Council Member Musser was absent.)
195
BUSES-CHURCH AVENUE PARKING GARAGE-CENTURY STATION
PARKING GARAGE-TOWER PARKING GARAGE-WILLIAMSON ROAD
PARKING GARAGE-HUNTER VIADUCT-MARKET SQUARE pARKING
GARAGE: Council Member William White, Sr., Chairperson
of a committee appointed by the Mayor to tabulate bids
received for management and operation of the following
parking structures, effective March 1, 1994, presented a
written report on behalf of the committee.
church Avenue Parking Facility
Tower Parking Garage
Market Square Parking Garage
Century Station Parking Garage
Viaduct Parking Lot
Wtlliamson Road Parking Garage
The Committee recommended that Council authorize the
following actions:
acceptance of the bid of Republic Parking
Systems and execution of contract documents,
which document was provided to prospective
bidders but modified to clarify the level of
maintenance and custodial effort required, in
a form to be approved by the City Attorney,
effective March 1, 1994; and
authorize the transfer of additional subsidy
to Greater Roanoke Transit Company from the
Transportation Fund, in an amount not to
exceed $45,085.68, .for the months of March,
April, May and June 1994, effective March 1,
1994.
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:
(#31756-102593) AN ORDINANCE accepting the bid of
Republic Parking Systems~for management and operation of
certain parking facilities for a term of five years, upon
certain terms and conditions; awarding a contract
therefor; authorizing the proper City officials to
196
ACTION:
ACTION:
execute the requisite contract; rejecting all other bids
made to the City; and providing for an emergency.
(For full teat of Ordinance, see Ordinance Book No. 55,
page 401.)
Mr. White moved the adoption of Ordinance No. 31756-
102593. The motion wasg seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers ........ 5.
NAYS: None- 0.
(Council Member Musser was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 31731 rezoning a tract of
land located at the northeast corner of Nolllns Road and
Orange Avenue, N. E., bearing Official Tax Nos. 3042143
and 3042120, from LM, Light Manufacturing 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 11, 1993, read and adopted on its first reading
and laid over, was agai~ before the body, Mr. McCadden
offering the following fOr its second reading and final
adoption:
(%31731-102593) AN ORDINANCE to amend Section
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 condit~ons proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 54,
page 380.)
1~. McCadden moved,'the adoption of Ordinance No.
31731-102593. The motion was seconded by l~. Harvey and
adopted by the following voter
197
ii
ACTION:
AYES: Council Members White, Bowles,
McCadden and Mayor Bowers--
NAYS: None
(Council Member Musser was absent.)
Harvey,
SUBDIVISIONS-STREETS AND ALLEYS: Ordinance No.
31732 permanently vacating, discontinuing and closing a
certain ten-foot alley, identified as Official Tax Nos.
3042121 and 3042141, running in a semi-circle to a point
marked by the north boundary line of a lot identified as
Official Tax No. 3042129, and passing in its course the
rear boundaries of lots identified as Official Tax Nos.
3042121 - 3042129, inclusive, having previously been
before the Council for ~ts first reading on Monday,
October 11, 1993, read and adopted on its first reading
and laid over, was again before the body, Mr. McCadden
offering the following for its second reading and final
adoption:
(#31732-102593) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 381.) '
Mr. McCadden moved-the adoption of Ordinance No.
31732-102593. The motion, was seconded by Mrs. Bowles and
adopted by the following:vote:
AYES: Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers ..... 5.
NAYS: None ~
(Council Member Musser was absent.)
STREETS ANDALLEYS:i Ordinance No. 31733 permanently
vacating, discontinuing and closing a portion of Hollins
Road, formerly Read Road, beginning at its intersection
with existing Hollins Road, running 814.00 feet in a
northerly direction to a point in common with a section
of Hollins Road previously closed, having previously been
before the Council for its first reading on Monday,
October 11, 1993, read and adopted on its first reading
and laid over, was again before the body, Mr. McCadden
offering the following for its second reading and final
adoption:
198
ACTION
ACTION
(#31733-102593) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 384.)
Mr. McCadden moved .the adoption of Ordinance No.
31733-102593. The motion was seconded by Mr. White and
adopted by the following.vote:
AYES: Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers ...... 5.
NAYS: None
O.
(Council Member Musser was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
COUNCIL: Mr. Harvey offered the following
resolution:
(#31757-102593) A RESOLUTION excusing the Honorable
Howard E. Musser, Member of City Council, for his recent
absences from regular meetings of City Council which
occurred when he was regrettably incapacitated by illness
and hospitalized.
(For full text of Resolution, see Resolution Book No. 55,
page 402.)
Mr. Harvey moved the adoption of Resolution No.
31757-102593. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden and Mayor Bowers- - ...... 5.
NAYS: None-
(Council Member Musser was absent.)
BUDGET-HOUSING/AUTHORITY-SCHOOLS-COUNCiL-
MISCELLANEOUS: Council Member White referred to items
that have been referred by Council to the City Manager
for investigation and discussion with officials of the
199
school system and the Roanoke Redevelopment and Housing
Authority as to certain cost savings and revenue
enhancements, and requested that the City Manager give
top priority to those items in order that they may be
addressed by Council as soon as possible to enable
inclusion, if necessary, in the fiscal year 1994-95
budget.
OTHER HEARINGS OF CITIZENS: None.
There being no further business, the Mayor declared the
meeting adjourned at 3:25 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
200
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
November 1, 1993
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, November 1,
1993, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Elizabeth T. Bowles, John S.
Edwards, James G. Harvey, II, Delvis O. McCadden, William White,
Sr., and Mayor David A. Bowers 6.
ABSENT: Council Member Howard E. Musser- 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Rttchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend
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 Bowers.
COUNCIL: Pursuant to Resolution No. 31743-102593
adopted by the Council on Monday, October 25, 1993,
appointing John S. Edwards as a Member of the Roanoke
City Council to fill a portion of the unexpired term of
Beverly T. Fitzpatrick, Jr., resigned, commencing
November 1, 1993, and ending June 30, 1994, the Honorable
Roy B. Willett, Judge of the Twenty-Third Judicial
Circuit of Virginia, administered the Oath of Office.
On behalf of the City of Roanoke, the Mayor welcomed
Mr. Edwards to Council and presented him with a framed
copy of Resolution No. 31743-102593 and a City of Roanoke
pin with the City Seal engraved thereon. The Mayor also
welcomed members of the Edwards family.
201
,!
ACTION:
ACTION:
Mr. Edwards read a prepared statement expressing
appreciation for the unique privilege, opportunity and
honor to serve the citizens of the City of Roanoke.
(For full text, see statement on file in the City Clerk's
Office.)
At this point, Mr. Edwards officially took his seat
as a Member of the Roanoke City Council.
BID OPENINGS
TOWER PARKING GARAGE: Pursuant to notice of
advertisement for bids for the purchase of a minimum of
200 and a maximum of 250 parking permits in the Tower
Parking Garage located on Salem Avenue, S. W., for a five
year period commencing December 15, 1993, said bids to be
received by the City Clerk until 1:30 p.m., on Monday,
November 1, 1993, and to be held, opened and read before
the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for
bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and
read the one bid received by the City from First Union
National Bank of Virginia, in the amount of $23.00 per
permit per month for 250 initial number of spaces.
Mr. Harvey moved that the bid be referred to a
committee to be appointed by the Mayor for study, report
and recommendation to Council. The motion was seconded by
Mrs. Bowles and adopted.
The Mayor appointed William White, Sr., Chairperson,
Kit B. Kiser and George C. Snead, Jr., as members of the
committee. ~
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired,=that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss vacancies on various authorities, boards,
commissions, and committees appointed by Council.
202
ACTION:
ACTION:
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.) ~
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. McCadden and adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, White and Mayor Bowers 6.
NAYS: None
(Council Member Musser was absent.)
OATHS OF OFFiCE-COMMITTEES-INDUSTRIES: A report of
qualification of Russell O. Hannabass as a Director of
the Industrial Development Authority of the City of
Roanoke, for a term ending October 20, 1997, was before
Council. :
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey,
6.
e
McCadden and adopted by the following vote:
AYES: Council Members Bowles, Edwards,
McCadden, White and Mayor Bowers
NAYS: None
(Council Member Musser was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS ANDCOMMUNICATIONS: None.
203
REPORTS OF OFFICERS:
CITY MANAGER;
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
The C~t¥ Manager submitted a w~itt ..... ~
undin for the Resource Mothers
oil authorized f. g- ---~] care, educational
~oun ..~.h nrovldes pr~.~-- . .-- ~-~rvention
....... t narenting ~r~,,~ ~ ~- -s a hart oz
suppu~ , .= _ -- ..a teen parents, ~ ~_. ~.__ -.
.,trices to teen~ ~,.-_ -~'-~--~ ~rant appllCa~u~
~2-93 community Developmenu ~" ~ 30508-051192;
May 11, 1992, pursuant to Resolution No.
that Council authorized a 1~ month agreement with the
Roanoke City Health Department for $34,644.00, pursuant
to the
1993-94 funding, in the amount of $25,991.00,
Department of Social Services and the Roanoke City Health
Department for the Resource Mothers Program on May 10,
1993, pursuant to Resolution No. 31445-051093.
ther advised that the current agreement
It was fur ...... ~ Denartment expired
with the R%~tke ~Y-~;~'~lmen~ to the agreement
nntober 31, 19~; ~aa~.=,, ~;~ ~hrouah June 30, 19~,
needed to .~tend 5he ~_ ~unt of funds budgeted to the
Roanoke City Health Degartment by $20 with the
remaining $5,520.00 of the fiscal year Community
Development Block Grant funds which are targeted for the
Resource Nothers Program to be awarded to the Roanoke
City Department of Social Services~ and the amendment
w~ll insure that Resource Mothers program activities
conducted by the Roanoke City Health Department will
continue uninterrupted.
The City Manager recommanded that he be authorized
to execute ~mendment ~oo. 1 to ~he Co.unitY Development
Bloc~ Grant contrac~ with ~he ~oanoke City Health
Department. '~'
(~or full text~ see report on file in the C~tY
Office.)
204
ACTION:
Mr. White offered the following resolution:
(#31758-110193) A RESOLUTION authorizing the
execution of Amendment No. 1 to the agreement with the
Roanoke City Health Department to extend the Resource
Mothers Program.
(For full text of Resolution, see Resolution Book No. 55,
page 407.)
Mr. White moved the' adoption of Resolution No.
31758-110193. The motion~was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles,
McCadden, White and Mayor Bowers
NAYS: None .......... ~
Edwards, Harvey,
--6,
(Council Member Musser was absent.)
PUBLIC WORKS-REFUSE COLLECTION-RECYCLING: The City
Manager having previously placed a report on the agenda
with regard to bids submitted for bulk refuse containers,
he requested that the item be withdrawn.
REPORTS OF COMMITTEES:
EASEMENTS-APPALACHIAN POWER COMPANY-CITY PROPERTY-
WATER RESOURCES-STREETS AND ALLEYS: Council Member
Elizabeth T. Bowles, Chairperson, Water Resources
Committee, presented a written report on behalf of the
Committee, with regard to an agreement with Appalachian
Power Company for a public utility easement on Aerial Way
Drive, S. W.
A staff report advised that the City purchased a
1.36 acre site on the westerly side of Aerial Way Drive
in 1977 for use as the location of a permanent fire
station to replace temporary Fire Station No. 4 on Aerial
Way Drive, and temporary Fire Station No. 12 on Salem
Turnpike, N. W.; that the purpose of the site, when
Peters Creek Road Extension provides access across the
river and railroad, is to provide a location for a new
permanent fire station which can serve areas both north
and south of the site that are now served by the two
leased temporary stations; that the two leased stations
were activated at the time of annexation in 1976; that
construction of the Peters Creek Road Extension Project
is now expected to begin in September 1994; and the
project will provide for installation of a new parallel
205
il
ACTION:
bridge over the Norfolk Southern tracks west of the
existing bridge which will necessitate the relocation of
certain utilities.
It was explained that the agreement proposed by
Appalachian Power Company will provide for a new public
utility easement across the front of the 1.36 acre City-
owned site permitting the utility to move its poles and
lines to the west out of the way of the road project.
The Water Resources Committee recommended that the
City Manager and the City Clerk be authorized to execute
and attest, respectively, an agreement submitted by
Appalachian Power Company which will provide a new public
utility easement across the front of a 1.36 acre City-
owned site identified as Official Tax No. 5200112,
located on the westerly side of Aerial Way Drive, S. W.,
in connection with the Peters Creek Road Extension
Project.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31759) AN ORDINANCE authorizing the execution of
an agreement with Appalachian Power Company
("Appalachian") permitting relocation of Appalachian's
electric service system to City-owned property on the
westerly side of Aerial Way Drive, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 408.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, White and Mayor Bowers- 6.
NAYS: None
®
(Council Member Musser was absent.)
206
ACTION:
SIDEWALK/CURB AND GUTTER-CITY PROPERTY-SPECIAL
PERMITS-WATER RESOURCES: Council Member Elizabeth T.
Bowles, Chairperson, Water Resources Committee, presented
a written report on behalf of the Committee, with regard
to an encroachment over the entrance to 25 Church Avenue,
A staff report advised that the structure at 25
Church Avenue, S. W., immediately west of Tudor's
Biscuits, which was formerly occupied by a bank
downstairs and another business upstairs, has been vacant
for some time; that renovation of the structure for new
tenants is currently underway; that the doorway of the
renovated structure will be almost flush with the
sidewalk; that Hill Studio, P.C., architect for the
renovation, has requested that the City authorize a
revocable license to permit an awning to be erected over
the doorway, which will be six feet ten inches wide and
extend three feet six inches over the sidewalk; that no
special permit is required to allow a doorway to open
outward into sidewalk right-of-way; and encroaching
structures exist over the sidewalk on two businesses
i~mediately to the east of the building.
The Water Resources Committee recommended that
Council authorize a revocable license permitting
installation of an awning encroaching over and into the
public sidewalk located at 25 Church 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:
(#31760) AN ORDINANCE granting revocable license
for the installation of,an awning encroaching over and
into the public sidewalk on Church Avenue, S. W., located
at 25 Church Avenue, S.cW., Official Tax No. 1011819,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 409.)
The motion was secoDded byMr. McCadden and adopted
by the following vote: ~
207
ACTION:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, White and Mayor Bowers 6.
NAYS: None-
(Council Member Musser was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
CITY CODE-ZONING-FLOOD REDUCTION/CONTROL-
SUBDIVISIONS= Ordinance No. 31745 amending certain
sections of Chapter 36.1, Zoning, of the code of the City
of Roanoke (1979), as amended, said amendments to
clarify, and make consistent with Federal Insurance
Administration and Federal Emergency Management Agency
regulations, certain sections of the City's Floodplain
Zoning Regulations, having previously been before the
Council for its first reading on Monday, October 25,
1993, 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:
(#31745-110193) AN ORDINANCE amending Section
36.1-361, Floodplain management regulations; definition~;
subsections (1) and (2) of Section 36.1-361,
Establishment of floodplain areas; subsections (b) and
(c) of Section 36.1-363, Application; and subsection (f)
of Section 36.1-364, Floodplain development regulations;
and adding subsection (6) of Section 36.1-370, Procedure
for variances and special, exception uses in floodways, of
Subdivision E., Floodplain Zoning Regulations., of Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979),
as amended, such amendments to clarify, and make
consistent with Federal. Insurance Administration and
Federal Emergency Management Agency regulations, certain
sections of the Floodplain Zoning Regulations.
(For full text of Ordinance, see Ordinance Book No. 54,
page 404.) '
Mr. Harvey moved the adoption of Ordinance No.
31745-110193. The motion was seconded by Mr. White and
adopted by the following vote:
208
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, White and Mayor Bowers- 6.
NAYS: None
0
(Council Member Musser was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/oR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS:
HOTEL ROANOKE CONFERENCE CENTER-PARKS AND
RECREATION-BRIDGES-PLANNING-VIRGINIA TRANSPORTATION
MUSEUM-ROANOKE ARTS COMMISSION-DOWNTOWN ROANOKE,
INCORPORATED: In connection with the Second Street
Bridge project, Richard C. Maxwell, Vice-Chairperson of
the Roanoke Arts Commission, called attention to the
opportunity to connect the Virginia Museum of
Transportation to downtown Roanoke, and advised of the
interest of the Roanoke Arts Commission in playing an
active role in the creation of a rail/art park or art
walk that would be similar to the San Antonio River Walk.
Katherine F. Houck, Executive Director, Virginia
Museum of Transportation, encouraged Council to support
further study of the pedestrian bridge and the Second
Street Bridge to include a rail/art park which would
provide a unique marriage of the arts and transportation.
John J. Roberts, Director of Development, Art Museum
of Western Virginia, concurred in the remarks of Mr.
Maxwell, and expressed support of the Art Museum of
Western Virginia.
The City Manager was requested to meet with the
abovenamed individuals to discuss their concerns and
report to Council accordingly.
At 2:55 p.m., the~Mayor declared the meeting in
recess.
At 3:30 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Member Musser.
209
ACTION
ACTION
ACTION=
COUNCIL: With respect to the Executive Session just
concluded, Mr. Edwards moved that each Member of City
Council certify to the best of his or her knowledge thatt
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. McCadden and adopted by the following vote:
AYES: Council Members Bowles,
McCadden, White and Mayor Bowers-
NAYS: None
(Council Member Musser was absent.)
Edwards, Harvey,
COMMITTEES-COUNCIL-WATER RESOURCES: The Mayor
advised that there is a vacancy on the Water Resources
Committee created by the resignation of Beverly T.
Fitzpatrick, Jr., and called for nominations to fill the
vacancy. '-
Mrs. Bowles placed in nomination the name of
James G. Harvey, II.
There being no further nominations, Council Member
Harvey was elected as a member of the Water Resources
Committee, for a term ending June 30, 1994, by the
following vote:
FOR COUNCIL MEMBER HARVEY: Council Members Bowles,
Edwards, McCadden, White, and Mayor Bowers ............ 5.
(Council Member Harvey abstained from voting.) (Council
Member Musser was absent.)
BUDGET-COMMITTEES~COUNCIL-LEGISLATION-HOUSING/
AUTHORITY-AUDIT COMMITTEE: The Mayor called attention to
vacancies on the Budget and Planning Committee, Personnel
Committee, Audit Committee, Housing Strategy Task Force
and Legislative Affairs Committee, created by the
resignation of Beverly T. Fitzpatrick, Jr., and called
for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the name of John S.
Edwards.
210
ACTION:
AC~'ION
There being no further nominations, Council Member
Edwards was elected as a member of the Budget and
Planning Committee, Personnel Committee, Audit Committee,
Housing Strategy Task Force and Legislative Affairs
Committee for terms ending June 30, 1994, by the
following vote:
FOR COUNCIL MEMBER EDWARDS: Council Members Bowles,
Harvey, McCadden, White and Mayor Bowers -5.
(Council Member Edwards abstained from voting.) (Council
Member Musser was absent.)
OATHS OF OFFICE-COMMITTEES-PLANNING-COUNCIL: The
Mayor advised that there is a vacancy on the Fifth
Planning District Commission, created by the resignation
of Beverly T. Fitzpatrick, Jr., and called for
nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of John S.
Edwards.
There being no further nominations, Council Member
Edwards was elected as a member of the Fifth Planning
District Commission to fill the unexpired term of
Beverly T. Fitzpatrick, Jr., resigned, ending June 30,
1994, by the following vote:
FOR COUNCIL MEMBER EDWARDS: Council Members Bowles,
Harvey, McCadden, White and Mayor Bowers ......... 5.
(Council Member Edwards abstained from voting. ) (Council
Member Musser was absent. )
OATHS OF OFFICE-COMMITTEES-COUNCIL-ECONOMIC
DEVELOPMENT: The Mayor advised that there is a vacancy
on the Economic Development Commission, created by the
resignation of Beverly T. Fitzpatrick, Jr., for a term
ending June 30, 1994, and called for nominations to fill
the vacancy.
Mrs. Bowles placed in nomination the name of John S.
Edwards.
There being no further nominations, Council Member
Edwards was eiected as a member of the Economic
Development Commission, to fill the unexpired term of
Beverly T. Fitzpatrick, Jr., resigned, ending June 30,
1994, by the following vote:
211
ACTION=
FOR COUNCIL MEMBER EDWARDS: Council Members Bowles,
Harvey, McCadden, White and Mayor Bowers ............... 5.
(council Member Edwards abstained from voting.) (council
Member Musser was absent.)
There being no further business, the Mayor declared the
meeting adjourned at 3:35 p.m.
A P P R O V E D
ATTEST:
City Clerk
Mayor
212
REGULAR WEEKLY SESSION ..... rROANOKE CITY COUNCIL
November 8, 1993
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, November 8,
1993, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetinqs, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members John S. Edwards, James G. Harvey,
II, Howard E. Musser, William White, Sr., Elizabeth T. Bowles and
Mayor David A. Bowers -~ 6.
ABSENT: Council Member Delvis O. McCadden--- 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Rltchie, Sr., Assistant City Manager; William X Parsons, Assistant
City Attorney; Jesse A. Hall, Administrator of City Accounting
Services; and Mary F. Parker, City Clerk.
The meeting was opened wtt~ a prayer by The Reverend
William R. Klein, Pastor, Second Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers. -~
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, November 8, 1993, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
Appalachian Power Company and the Young Women's Christian
Association that a certain ten-foot alley lying
approximately 124.42 feet south of the southwest corner
of Franklin Road and First Street, S. W., said western
portion lying adjacent to, south of, and between the
extended western property line of a lot bearing Official
Tax No. 1013207 and Franklin Road, be permanently
vacated, discontinued and closed, the matter was before
the body.
213
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Saturday,
October 23, 1993, and Friday, October 29, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the public alley requested for closure extends in an
easterly direction from First Street, S. W., along the
southerly exterior wall of the Young Women's Christian
Association building at 605 First Street, S. W.; that a
portion of the alley was closed and vacated by the City,
pursuant to Ordinance No. 30776-111891 on November 18,
1991, in connection with the closure and vacation of two
other adjacent alleys; that the purpose for the previous
closure of alleys was to provide for expansion of an
adjacent parking lot; and the current closure request is
necessary to provide additional parking space and land
area for abutting properties, was before Council.
The Planning Commission recommended that Council
approve the request, subject to the following conditions:
The applicant shall submit to the City for
review, approval, and recordation in the
Office of the Circuit Court, a subdivision
plat, said plat to provide for the following:
the combination of all properties
which would otherwise be landlocked
by the req%ested closure, or
otherwise disposing of the land
within the right-of-way to be
vacated in a m~nner consistent with
law; and
the retention of appropriate
easements, together with the right
of public passage over same, for
subsurface -installation and
maintenance of any and all existing
utilities tha~may be located within
the right-of-way.
214
ACTION=
If the above-cited oonditions have not been
met within a period of six months from the
date of adoption of the ordinance providing
for the closure of right-of-way, such
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. White moved that the following ordinance be
placed upon its first reading:
(#31761) AN ORDINANCE permanently vacating,
discontinuing and closing-a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
:
(For full text of Ordinance, see Ordinance Book No. 54,
page 418.) ~
The motion was seconded by Mr. Harvey.
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 alley closure. There being none, Ordinance No. 31761
was adopted, on its first=reading, by the following vote:
AYES: Council Members Edwards, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
0.
NAYS: None, ,
(Council Member McCadden was absent.)
STREETS AND ALLEYS~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 8, 1993, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
Berglund Chevrolet, In~., that a 100 foot portion of
Maddock Avenue, lying w~st of Wllliamson Road~ N. W.,
located between lots bearing Official Tax Nos. 3080904
and 3080905 on the south, and Official Tax Nos. 3080815
and 3080816 on the north~ be permanently vacated,
discontinued and closed, the matter was before the body.
215
,!
Legal advertisement ~of the public hearing was
published in the Roanoke Times & World-News on Saturday,
October 23, 1993, and Friday, October 29, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that Berglund Chevrolet, Inc., submitted its most recent
request to close an additional 100 foot section of
Maddock Avenue, N. W., on September 14, 1993, in order to
provide for future commercial expansion of operations,
was before Council.
The Planning Commission recommended that Council
approve the request to close and vacate the
abovedescribed 100 foot section of Maddock Avenue, N. W.,
subject to the following conditions:
A. The applicant shall submit to the City for
review, approval and recordation in the Office
of the Clerk of Circuit Court a subdivision
plat, said plat to provide for the following:
1. the combination of all properties
which would otherwise be landlocked
by the requested closure or
otherwise disposing of the land
within the right-of-way to be
located in a manner consistent with
law;
2. to retention of appropriate
easements, together with a public
right of passage over same, for
subsurface installation and
maintenance of. any and all utilities
that may be located within the
right-of-way; and
3. the dedication thereon of land
sufficient in. size to provide for
construction of a public turnaround
at the proposed terminus of Maddock
Avenue, N. W.
B. The applicant shall receive approval from the
Agent to the Planning Commission of a plan and
profile of the turnaround to be constructed
within the dedicated right-of-way. Prior to
the City's approval of the subdivision, plan
216
and profile, the applicant shall file with the
Agent to the Planning Commission, a
subdivider's agreement in a form acceptable to
the Office of the City Attorney and a
performance guarantee in an amount deemed
sufficient by the Agent to the Planning
Commission to provide for construction of the
proposed turnaround and other improvements as
specified herein. The plan and profile of the
proposed turnaround shall include a clean
environmental assessment of the land within
the right-of-way to be dedicated, said
assessment to be in a form acceptable to the
City Manager. The applicant shall agree to
indemnify and hold.~harmless the City, its
agents, and employees from any liability,
including but not limited to all costs, fines,
and penalties arising out of the City's
current ownership of the subject section of
Maddock Avenue, N. ~W., being requested for
closure or the City's future ownership of the
land to be dedicated.
C. The applicant shal~ install and maintain a
landscape buffer of ~on-deciduous trees set on
ten foot centers at a minimum height of six
feet along the easterly boundary of property
bearing Official Tax No. 3080806, along the
southerly boundary~ of 3080806, 3080805,
3080804, thence alor~ the easterly boundary of
3080814, thence along and around the perimeter
of the proposed new._cul-de-sac and along the
easterly boundary o~ 3080902 and 3080913, to a
point abutting the right-of-way of Thurston
Avenue, N. W. The% cost of such landscaping
and installation shall be included in the
performance guarantee required in Section B
above.
D. No vehicular access onto Maddock Avenue,
N.W., from Berglund Chevrolet, Inc.,
operations shall be allowed so long as any
residential uses ~emain on that portion of
Maddock Avenue, N~ W., remaining open for
public use. '¢
217
ACTION:
E. If the above-cited conditions A, B and C have
not been met within a period of 12 months from
the date of adoption of the ordinance
providing for the closure of the subject
right-of-way, 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. Harvey moved that the following ordinance be
placed upon its first reading:
"AN ORDINANCE permanently vacating, discontinuing
and closing a certain public right-of-way in the City of
Roanoke, Virginia, as are more particularly described
hereinafter."
The motion was seconded by Mrs. Bowles.
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 8, 1993,
at 7:30 p.m., or as soon thereafter as the matter may be
heard, on the request of Berglund Chevrolet, Inc., that
a tract of land located, on the north side of Maddock
Avenue, N. W., designated as Official Tax Nos. 3080815,
3080816 and 3080817, and'a tract of land located on the
south side of Noble Avenue, N. W., designated as Official
Tax No. 3030807, be rezoned from RM-1, Residential Multi-
family, Low Density District, to C-2, General Commercial
District, the matter was'before the body.
Legal advertisement of the public hearing was
published in the Roanoke.Times & World-News on Saturday,
October 23, 1993, and Friday, October"'29,-1993.
(See publisher's affidavit on file in the City Clerk's
Office. )
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to place
the subject property into a zoning classification that
will permit expansion of Berglund Chevrolet, Inc.,
operations onto the property, was before Council.
The Planning Commission recommended that Council
approve the request based on the finding that the
rezoning will be a logical extension of the adjoining
C-2, General Commercial District, located to the east and
218
south of the property and will place all contiguous
property under the same ownership within the same zoning
district classification.
(For full text, see report on file in the City Clerk's
Office.)
A petition signed by property owners of 103 and 112
Noble Avenue, N. E., and 131 Clover Avenue, N. E.,
expressing opposition to the rezoning because it would
cause an increase in traffic, noise, and a general
disruption of the neighborhood so as to destroy the
residential character of the area, was before Council.
(For full text, see petition on the file in the City
Clerk's Office.)
Mrs. Bowles expressed concern with regard to where
and when infiltration into the residential area will
stop; whereupon, Mr. Marlles, Agent to the City Planning
Commission, advised that the Planning Commission has
requested that Berglund Chevrolet provide the City with
a master plan depicting f~ture development plans prior to
submittal of additional requests for expansion.
Mr. Harvey called -attention to the concern of
property owners at 112 Maddock Avenue with regard to
location of the cul-de-sac which was originally intended
to be located farther down Maddock Avenue. He expressed
concern as to appropriate buffering on Noble Avenue.
Upon question, Mr. Layman advised that it was his
intent to request that the public hearing on the rezoning
be tabled, and Mr. Harvey inquired as to the necessity
for acting on the street closure at this time; whereupon,
Mr. Layman advised that houses have been moved from lots
fronting on Maddock Avenue, site plans have been filed
with the City, and following approval by Council, his
client is prepared to proceed with construction of the
cul-de-sac. Mr. Harvey ~xpressed concern with regard to
acting on the matter on a piecemeal approach, and stated
that he could not support the street closure until
certain questions with[ regard to the rezoning are
resolved.
Mr. Layman advised that he was unaware that there
was citizen oppositlDn to the rezoning until
approximately 3:30 p.m., this afternoon, therefore, he
has not had an opportunity to address the concerns of
residents of the neighborhood, thus, his desire to table
the'request for rezoning. He explained that the request
219
for rezontng differs from the street closing request
inasmuch as it involves a lot on Noble Avenue; that all
of the signatories to the petition are residents of Noble
Avenue or Clover Avenue; and Maddock Avenue has been
closed to a point 475 feet west of Williamson Road, with
the current request adding another 100 feet. He
explained that a comprehensive development plan has now
been filed with the City and construction will be
accomplished in accordance with the development plan if
Council authorizes closure of the street for the
additional 100 feet.
Mr. Harvey spoke in support of tabling the public
hearings on the rezoning, as well as closing an
additional 100 feet of Maddock Avenue, advising that he
would discuss his concerns with Mr. Layman in private
inasmuch as they relate to real estate matters. He added
that was not willing to support closure of Maddock Avenue
beyond that which has been requested to be rezoned until
certain questions are resolved.
Following discussion, Mr. Layman requested that the
public hearings on closing an additional 100 feet of
Maddock Avenue, N. W., and the rezoning be tabled until
the regular meeting of Council on Monday, December 13,
1993, to provide an opportunity to address concerns of
residents of the area.
Mr. Harvey offered a substitute motion that the
following public hearings be continued until the regular
meeting of Council on Monday, December 13, 1993, at 7:30
p.m., or as soon thereafter as the matters may be heard.
The motion was seconded by Mr. Musser and adopted.
Request of Berglund Chevrolet, Inc., that a
100 foot portion of Maddock Avenue, N. W.,
lying west of Williamson Road, located between
lots bearing Official Tax Nos. 3080904 and
3080905 on the south, and Official Tax Nos.
3080815 and 3080816 on the north, be
permanently vacated., discontinued and closed.
Request of Berglund Chevrolet, Inc. that a
tract of land located on the north side of
Maddock Avenue, N. W., designated as Official
Tax Nos. 3080815, 3080816 and 3080817, and a
tract of land located on the south side of
Noble Avenue, N. W., designated as Official
Tax No. 3080807,- be rezoned from RM-1,
Residential Multi-family, Low Density
District, to C-2, General Commercial District.
22O
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.
TRAFFIC: A report of the City Manager with regard
to a traffic signalization study conducted at the
intersection of Hunt Avenue and Tenth Street, N. W., was
before Council.
The City Manager advised that at the Council meeting
on Monday, October 11, 1993, Council Member McCadden
requested that a traffic signalization study be performed
at the intersection of Hunt Avenue and Tenth Street, N.
W., inasmuch as citizens have expressed concern with the
difficulty in seeing southbound Tenth Street traffic when
entering the intersectio~ from Hunt Avenue; and traffic
signal requests received from the public by the City are
evaluated by using the Manual on Uniform Traffic Control
Devices (MUTCD), which has established many conditions
and guidelines (called warrants) frequently used by
traffic engineers.
It was further advised that a traffic study was
conducted on Thursday, October 21, 1993, which consisted
of a turning-movement cQunt of all vehicles from 7:00
a.m. to 7:00 p.m.; that a~review of the results indicated
that none of the Manual on Uniform Traffic Control
Devices' warrants were. met; that Police Department
accident records were reviewed which indicate that there
have been four two-vehicle accidents reported at this
intersection during the ~hree and one-half year period
from January 1, 1990, to June 30, 1993, resulting in one
personal injury; that ~MUTCD signalization warrants
include an evaluation of accident history; that one of
the conditions to meet ~he warrants requires that there
be five or more reporte~ accidents of types susceptible
to correction by traffic signal control that have
occurred within a 12-month period; and this warrant was
not met at any time during the three and one-half year
period. :
The City Manager advised that a traffic signal at
the intersection of Hunt Avenue and Tenth Street will not
be considered at this time; that while the City
Administration gives every possible consideration to
citizen/neighborhood requests for traffic control
221
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devices, the City is regulated by the Virginia Department
of Transportation to utilize guidelines contained in the
Manual On Uniform Traffic Control Devices; and the City
invites liability problems if unjustified installations
Occur.
(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. Edwards and
adopted by the following vote:
AYES: Council Members Edwards, Harvey, Musser,
White, Bowles and Mayor Bowers- 6.
N~YS: None-
(Council Member McCadden was absent.)
ROANOKE CIVIC CENTER: A communication from John S.
Edwards tendering his resignation as a member of the
Roanoke Civic Center Commission, effective immediately,
was before Council. ~
(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. Edwards and
adopted by the following vote:
AYES: Council Members Edwards, Harvey, Musser,
White, Bowles and Mayor Bowers- - ..... 6.
NAYS: None ....... =
(Council Member McCadden=was absent.)
LIBRARIES: A communication from M. Emily Keyser,
Acting City Librarian, advising of the resignation of
Bonnie A. Nethery as a-member of the Roanoke Public
Library Board, effective;immediately, was before Council.
(For full 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. Edwards and
adopted by the following vote:
222
ACTION:
AYES: Council Members Edwards, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None' ' 0.
(Council Member McCadden was absent.)
OATHS OF OFFICE-COUNCIL: A report of qualification
of John S. Edwards as a member of the City Council of the
City of Roanoke, to fill a portion of the unexpired term
of Beverly T. Fitzpatrick, Jr., resigned, ending June 30,
1994, was before the body~
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Edwards and adopted by the following vote:
AYES: Council Members Edwards, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
·
NAYS: None 0.
(Council Member McCadden vas absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PARKS AND RECREATION-DONATIONS/CONTRIBUTIONS-CITY
PROPERTY-HOUSING/AUTHORITY: At the regular meeting of
Council on Monday, October 11, 1993, the Water Resources
Committee having recommended that title to the Spottswood
Park property be transferred back to the J. B. Fishburn
heirs for donation to Habitat for Humanity in the Roanoke
Valley to enable construction of low income homes, and
Council having raised certain questions with regard to
whether the request is c.onsistent with the City's long-
range plan for promoting homeownership in the City of
Roanoke and as to whether, the City is attracting too many
structures for occupancy by low income families,
William S. Hubard, President, Habitat for Humanity in the
Roanoke Valley, appeared before Council and advised that
Council's inquiry is most appropriate and provides an
opportunity for Habitat to explain its goals and
objectives.
223
Mr. Hubard stated that Habitat for Humanity, in its
eight years of existence, has constructed 30 homes in the
City of Roanoke which were sold to gainfully employed
homeowners with satisfactory credit and at least one
minor child living in the home, and in researching
Habitat's records, it was found that 29 of the 30
families were residents of the City of Roanoke when they
became homeowners. He added that it is calculated that
taxes previously paid on the vacant lots was in the range
of $1,000.00, however, property taxes paid to the City in
1993 will be approximately $15,000.00. Typically, he
explained that a mother with two minor children could be
moved from a very modest rental apartment of one bedroom,
renting for approximately $450.00 per month, to a Habitat
for Humanity home which the mother could purchase for
less than $200.00 per month and pay full real estate
taxes to the City. He stated that Habitat for Humanity
charges no interest on its loans, with homes financed
over a 20-year period, and the City of Roanoke has
provided Community Development Block Grant funds for site
preparation and acquisition.
On behalf of Habitat for Humanity, Mr. Hubard
requested that the City of Roanoke return the Spottswood
Park property to the heirs of the J. B. Fishburn family
which will enable Habitat_to construct four homes on the
property, thereby providing an opportunity for four
Roanoke City families to become homeowners of dwellings
valued at approximately $50,000.00, each, however,
Habitat for Humanity will actually sell the homes for
$32,400.00.
Mr. Harvey requested that Habitat for Humanity
increase its efforts to construct homes in Roanoke
County, the City of Salem, and the Town of Vinton, and
pointed out that all 30 houses built by Habitat have been
constructed in the City of Roanoke.
Mr. Hubard called attention to meetings which have
been held with officials of the City of Salem who have
provided plats of potential vacant lots, however to date,
Habitat for Humanity has~been unsuccessful in purchasing
lots inasmuch as a lot in Roanoke City can be purchased
for $2,500.00 - $3,000.00, and a lot in Salem can cost as
much as $10,000.00, therefore, a $30,000.00 house would
be difficult to Justify on a $10,000.00 lot. He stated
that Roanoke County officials have been supportive of
Habitat's efforts to purchase land in Roanoke County,
that vacant lots in Roanoke County that contain public
water and sewer facilities are scarce, however, several
sites have been identified and offers have been made, but
ACTION:
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property owners have not been willing to sell at any
price. He assured Council that Habitat for Humanity will
continue its efforts to locate potential properties for
construction of houses not only in the City of Roanoke,
but in Roanoke County and~the Town of Vinton as well.
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31762) AN ORDINANCE authorizing execution of a
deed conveying City-owned property identified by Official
Tax No. 1221009 to the heirs of Junius B. and Grace P.
Flshburn, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 420.) ,
The motion was seconded by Mr. Edwards.
Mrs. Bowles, Chairperson of the Water Resources
Committee, advised that the J. B. Flshburn heirs have
agreed to donate the property to Habitat for Humanity for
the abovestated purpose if the City returns the property
to the Fishburn family.
Ordinance No. 3176Z was adopted, on its first
reading, by the following vote:
Council Members Edwards, Harvey, Musser,
6.
AYES:
Whxte, Bowles and Mayor Bowers
0.
NAYS: None ,.
(Council Member McCadden~was absent.)
Mr. Harvey moved that the City Manager be requested
to report to Council within 30 days with information on
how he would propose to undertake a study in regard to
construction of moderate.and upper income housing in the
City of Roanoke, and that the study be completed and
submitted to Council by June, 1994. The motion was
seconded by Mr. Musser and adopted.
CHURCH AVENUE PARKING GARAGE-POLICE DEPARTMENT-
TRAFFIC-COMPLAINTS-FIRE DEPARTMENT-CITY EMPLOYEES:
J~ffrey D. Rudd, Attorney, representing the Roanoke City
Chapter of the Southern Police Benevolent Association and
certain other City employees, appeared before Council in
connection with free parking for police officers and
225
He called attention to Section 20-
the.City of Roanoke (1979), as
other City employees.
113 of the Code of
amended, which provides as follows:
"(a) The city manager shall assign parking
spaces in municipal parking lots for the use
of various city departments, officers and
employees, including the mayor and members of
the city council. Each space so assigned
shall be numbered or otherwise identified by
signs or markers on the lot, so as to be
clearly visible to a reasonably observant
person. The city manager shall designate the
space or spaces which any individual or
department shall be .assigned and shall issue
to the individual or department appropriate
stickers or tags to be placed on vehicles
authorized to occupy or use the assigned
spaces, with a number or other identification
which shall correspond with the space
assigned. Such sticker or tag shall be placed
on the left rear bumper of the vehicle which
is to be parked in the assigned space."
Mr. Rudd referred to discussions with the City
Manager and correspondence with the City Attorney over
the past year in regard to the matter and alluded to
parking spaces in City-owned municipal parking lots that
are not currently being utilized, and noted that as
recent as October 25 and 27, 1993, 200 parking spaces
were available in the Municipal Parking Garage on Church
Avenue from mid to late morning. He called attention to
the inconvenience for police officers and other City
employees to park at scattered locations throughout
downtown Roanoke, and although the provision of a parking
space may be a trivial matter to some, it is important to
police officers and City employees for the sake of not
only convenience but secUrity· He advised that if those
200 parking spaces do, in fact, exist and if the City of
Roanoke owns the parking garage, it would seem feasible
to make the spaces available for use by police officers
and other City employees and pointed out that between the
hours of 11:00 p.m., and 7:00 a.m., police officers are
the primary City workers on duty in downtown Roanoke.
Mr. Rudd referred to correspondence from the City
Attorney in connection with the abovereferenced City Code
section in whichMr. Dibling indicated that the language
is antiquated and out of date, and in these difficult
budgetary times, it would be hard to Justify expenditure
of the City's limited funds for the purchase of property
226
for employee parking in downtown Roanoke. However, Mr.
Rudd contended that the City is not being requested to
expend funds other than what may be necessary to
investigate what has already been identified as an
available existing resource. He called attention to the
level of frustration in the Police Department and stated
that it is hoped that the matter will be addressed as
expeditiously as possible.
Rodger A. Hogan, Police Officer, advised that some
time ago while working the midnight shift, he was asked
to work overtime, therefore, when he reached his vehicle
the following morning which was parked in a metered
parking zone, his automobile had been ticketed for a
parking violation. He added that he was not complaining
because the police officer was simply doing his Job,
however, the incident calls attention to one of the
problems encountered by police officers and other City
employees working in downtown Roanoke in regard to
parking. He stated that it is a matter of principle
because if a City employee works at a fire house, or the
Public Works Service Center, or the Parks and Recreation
Department, etc., the City will provide free parking for
that employee, but because many City employees work in
downtown and because of the problems associated with
parking in downtown Roanoke, those employees are not
afforded the same advantage of free parking. He referred
to a recent count of available parking spaces in the
Church Avenue Parking Garage which revealed an average of
approximately 200 available spaces and by making these
spaces available for use~by City employees for parking,
the City would be saying to its employees that it is
trying to meet them halfway, while at the same time the
City will not suffer from the loss of revenue.
Mr. White requeste~ that the City Attorney review
the question of whether or not a parking violation issued
to a public service employee may be waived when such
employee has been unavoidably detained in the line of
duty.
The City Manager advised that from time to time,
individual Members of Council, as well as Council
collectively, have discussed the issue of parking for
municipal employees, however, at this time he was not
prepared to provide Council with a detailed briefing in
regard to parking commitments currently in effect at the
Church Avenue Parking Garage. He stated that it is not
a simple issue and it would be unrealistic to believe
that he could report to Council in a short period of time
with a meaningful solution because if the matter is not
227
ACTION=
handled carefully, it could pit one group of City
employees against another with the same interest. He
advised that it is a question that City staff continues
to address, and it is a question of a benefit in terms of
working downtown or some attempt to relieve what almost
becomes a penalty if an employee works downtown, and
employee teams have been appointed to identify potential
resources. He explained that the provision referred to
by Mr. Rudd in the City Code is old language that refers
to municipal parking lots of past years on which certain
municipal parking structures have now been constructed.
In connection with the 200 available parking spaces
alluded to by Mr. Rudd in the Church Avenue Parking
Garage, he stated that before he could report to Council
with any degree of certainty that the spaces are actually
unused, he would need to confer with the parking
management company, inasmuch as many of the spaces are
sold on a monthly basis, and the spaces are used at
various times.
Mr. White moved that the matter of vehicle parking
for downtown municipal employees be referred to the City
Manager and the City Attorney for study and report to
Council within 120 days. ~The motion was seconded by Mr.
Harvey and adopted.
The Mayor offered the use of six parking spaces
located at the rear of his law office at 335 Church
Avenue, S. W., for police officers on Friday and Saturday
evenings, and requested that his offer be referred to the
City Manager for consideration.
PETITIONS AND COMMUNICATIONS:
TRAFFIC-COMPLAINTS-STREETS AND ALLEYS: A petition
signed by 25 City residents requesting that stop signs be
erected at the intersection of 26th Street and Stanley
Avenue, S. E., to provide for a four way stop
intersection, was befor~ Council.
(For full text, see petition on file in the City Clerk's
Office.)
Mr. Neil E. McNally, 2531 Stanley Avenue, S. E.,
advised that since 1991, residents of the area have
corresponded with City officials in an effort to address
the problem of motorists travelling at excessive speed
limits; and the City has conducted traffic studies,
however, no recommendations have been made to correct the
situation. He called attention to motorists who have a
tendency to travel down 26th Street at excessive rates of
228
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speed from the directi~ of Cornwallis Avenue or
Jefferson Street, advising that approximately 20 to 30
children live in the area under the age of ten years.
For the safety of the children, he explained that
residents have requested the installation of a stop sign,
although the City's Traffic Department has stated that
the Manual on Uniform Traffic Devices does not recommend
installation of a stop sign at this intersection to
control speed. He stated that it should be left up to
the locality to determine whether installation of a stop
sign is warranted; that after two years of letter writing
and endeavoring to work with City Staff, residents are
now appealing to City Council to direct that the stop
sign be erected to control traffic, to slow down
motorists travelling at excessive rates of speed, and to
save the lives of children residing in the area.
Mr. Harvey moved that the matter be referred to the
City Manager for immediate response. The motion was
seconded by Mr. White and adopted.
CITY TREASURER-BONDS/BOND ISSUES-INSURANCE: A
communication from the Honorable Gordon E. Peters, City
Treasurer, requesting that Council prescribe the sum for
the City Revenue Bond required of the City Treasurer, and
approve surety in order that the new bond may be executed
on or before December 31, 1993, was before the body.
Mr. Peters advised ~hat on November 2, 1993, he was
re-elected to the position of Roanoke City Treasurer for
a four year term commencing January 1, 1994; 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 Council; that the present public
officials bond, in the amount of $1 million, is with
Fidelity and Deposit Company of Maryland, a corporate
bonding company authorized to transact business as a
surety in the Commonwealth of Virginia; and it is
necessary that the new bond be executed on or before
December 31, 1993.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs Harvey moved that the matter be referred to the
City Manager, City Attorney and Director of Finance for
study and report to Council. The motion was seconded by
Mr. Musser and adopted.
229
BUDGET-SCHOOLS-GRANTS-CMERP: A communication from
the Roanoke City School Board requesting appropriation of
funds to the following school accounts, was before
Council.
Grant No. 6235 -
Grant No. 6817 -
Grant No. 6142 -
Grant No. 6444 -
Grant No. 6519 -
$65,156.00 for the 1992-93
Eisenhower Project Title II
Program to provide funds for
activities to improve the
skills and knowledge of
mathematics and science
teachers while facilitating
greater communication and
collaboration between
disciplines and across grade
levels. The Program will be
reimbursed 100 per cent by
Federal funds.
$19,072.00 for the Arts in
Education Program to provide
funds for enhancement of the
district's arts program. The
Program will be reimbursed by
State funds, in the amount of
· $4,322.00, with a local match
of $14,750.00.
~ $24,000.00 for the Chapter
Pre-K Expansion Program to
:provide for the extended day
program for at-risk four year
olds. The Program will be
reimbursed 100 per cent by
Federal funds.
$4,329.00 for the Title II-A OK
-Project to provide for adult
~ basic education and preparation
for the GED examination. The
Program will be reimbursed 100
: per cent by Federal funds.
$4,280 · 00 for the Special
Education Interpreter Training
:Program to provide funds for
the development of training
curriculum for the hearing
impaired program. The Program
will be reimbursed 100 per cent
by Federal funds.
230
Grant No. 6759
Grant No. 6917
$8,903.00 for the Adult Basic
Education Program to provide
funds for the education of
adults who have not completed
high school. The supplemental
appropriation represents
additional Federal funds to
provide instruction to inmates
in the Roanoke City Jail toward
acquisition of the GED
certificate.
$59,027.00 for the 1993-94
Grants Management Program to
provide partial funding for
salary and fringe benefits of
the magnet program director and
~agnet recruiter. The Program
will be reimbursed 100 per cent
ay Federal funds.
The School Board furt-her requested appropriation of
$415,665.00 from the 1993-94 Capital Maintenance and
Equipment Replacement Fu~d, advising that funds will be
used for the purchase~ of school-based technology
equipment, school priority I instructional equipment,
furniture and equipment for Morningside Elementaz"!
School, and three maintenance vehicles,
,
A report of the Director of Finance advising that
the Artist in Education grant will require a local match
of $14,750.00, which funding is available in certain
accounts, as more fully ~et forth in the report; and the
request under consideration will represent the second
appropriation of the Sqhool Board's fiscal year 1993
CMEP~P funding of $1,22g,920.00, which will leave an
unappropriated balance ~ $313,755.00, was also before
the Council. ·
(For full text, see comm~nication and report on file in
the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget
ordinance: ,
(%31763-110893) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 School and General Fund
Appropriations, and providing for an emergency.
(For full text of Ordin0nce, see Ordinance Book No. 55,
page 410.)
231
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
31763-110893. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Edwards, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None
(Council Member McCadden was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-INSURANCE-CITY EMPLOYEES-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 will
expire on December 31, 1993; that the City currently
contributes 90 per cent towards the "employee only" rate;
and total medical claims paid in the current review
period of August 1, 1992, through July 31, 1993, were
virtually the same as the previous year which is
significant based on the City's previous claims
experience and the fact that medical inflation has been
in the 17 per cent to 21~per cent range.
It was further advised that the Health Benefits
Awareness Co~mittee members recommended to the Personnel
Manager that the current program be continued; that rates
for the three levels of coverage, i.e., employee only,
employee/child and family will remain unchanged for the
contract year January 1, 1994, through December 31, 1994;
that retiree health care will be provided to existing
employees who retire du=lng the period January 1, 1994,
through December 31, 1994, after COBRA ceases; and
employees who are eligible include future retirees under
age 65 with 15 years or, more of continuous service and
future retirees who retire due to line-of-duty injuries,
with all coverage ceasing at age 65.
The City Manager r~commended that Council award a
contract for health careinsurance coverage to Blue Cross
and Blue Shield of Virginia for a period of one year,
commencing January1, 1994, and ending December 31, 1994,
with the City's contribution to continue at 90 per cent
232
ACTION:
of the "employee only," premium cost; and that monthly
rates for the new contract'remain the same, as follows:
Employee $205.36
Employee/Child 295.76
Family . 480.62
The City Manager further recommended that he be
authorized to execute the contract, in a form to be
approved by the City Attorney, and with the understanding
that Blue Cross and Blue Shield of Virginia will provide
the City with said contract for execution no later than
December 15, 1993.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
(#31764-110893) A RESOLUTION authorizing the
execution of a contract and related documents with Blue
Cross and Blue Shield ~f Virginia to provide group
hospitalization and health insurance for employees of the
City and members of thei~ families.
(For full text of Resolution, see Resolution Book No. 55,
page 414.) ·
Mr. White moved the adoption of Resolution No.
31764-110893. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Edwards, Harvey, Musser,
White, Bowles and Mayor Bowers- 6.
NAYS: None 0.
(Council Member McCadden was absent.)
BUDGET-INSURANCE-T~ES-CITY EMPLOYEES: The City
Manager submitted a written report advising that Section
125 of the Internal Reve~3ue Code allows for health care
premium conversion plans in which employees make pre-tax
contributions to cover{ their portion of health care
premiums; that the City began offering this pre-tax
premium program on January 1, 1988; and Section 125 of
the Internal Revenue .Code further allows flexible
spending account plans in which employees may reduce
their salaries to make pre-tax contributions to pay for
233
ACTION:
uncovered health care expenses such as medical plan
deductibles or a benefit the employer does not offer such
as vision care or child care.
It was further advised that specifications were
developed to obtain competitive proposals for a flexible
spending account program; that a request for proposals
s re ared, which included a one year contract for
wa ? . P ..... ~ ..... -~erenced services; that following
provlskon oz ~i,~ au~v~
advertisement of the request for proposals, 21 agents/
brokers received copy of the document; and six responses
were received, with Total Program Administrators have
been selected as the most qualified because of their
competitive rates and the quality of their proposed
employee communication program.
The City Manager recommended that Council approve a
flexible spending account pr~3gram for City employees and
transfer $7,380.00 from certain accounts as more
specifically described by account numbers in the report
to a new account in the Department of Personnel
Management, entitled ,,Flexible Spending Plan
Administration", advising that funding for fiscal year
1994-95 will also come from Social Security tax savings
and will be included in the recommended budget.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(t31765-110893) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 55,
page 415.)
Mr. White moved :he'-adoption of Ordinance No. 31765-
110893. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Edwards, Harvey, Musser,
White, Bowles and Mayor Bowers
NAYS: None
(Council Member McCadden was absent.)
Mr. White offered the following resolution:
234
ACTION:
ACTION:
(#31766-110893) A RESOLUTION authorizing the City
Manager to enter into a contract with Total Program
Administrators to provid~ flexible spending account
services to the City.
(For full text of Resolution, see Resolution Book No. 55,
page 416.)
Mr. White moved the adoption of Resolution No.
31766-110893. The motion ~as seconded by Mr. Harvey and
adopted by the following vote:
AYESt Council Members Edwards, Harvey, Muss,r,
White, Bowles and Mayor Bowers ---6.
NAYS: None'
(Council Member McCadden was absent.)
REFUSE COLLECTION-HOUSING/AUTHORITY-SCHOOLS-
EQUIPMENT: The City Manager submitted a written report
recommending that CounclA accept the bid submitted by
Handy Dump, Inc., to provide bulk container collection
service at a cost of $19.30 per unit, per pick-up, for a
period of one year from November 1, 1993 through
October 31, 1994, as well as the rental of approximately
eight bulk collection u~its per year for the contract
period, at a cost of $40.00 per unit.
(For full text, see report on file in the City Clerk's
Office.) :
Mrs. Bowles offered the following resolution:
(#31767-110893) A RESOLUTION accepting a bid made
to the City for provid~ng bulk container collection
service; and rejecting a~ll other bids made to the City.
(For full text of Resolution, see Resolution Book No. 55,
page 416.) :
Mrs. Bowles moved the adoption of Resolution No.
31767-110893. The motion was seconded by Mr. Edwards and
adopted by the following vote:
AYES: Council Me.mbers Edwards, Harvey, Muss.r,
White, Bowles and Mayor Bowers 6.
NAYS= None
(Council Member McCadden was absent.)
235
REPORTS OF COMMITTEES:
REFUSE COLLECTION-PLaNNING-ROANOKE VALLEY RESOURCE
AUTHORITY: A report of the City Planning Commission
advising that adopted design and operating criteria for
the Regional Solid Waste Transfer Station was developed
by the City Planning Commission's Long-Range Planning
Subcommittee with the assistance of a seven-member
citizens advisory committee, and the criteria was
approved by the full Planning commission at its meeting
on June 5, 1991; that criteria was developed to serve as
guidelines for the design and operation of the solid
waste transfer station and to address such issues as
access/internal circulation, landscaping/buffering,
outdoor storage, architectural compatibility, off-site
access, and property value protection; and proposed
design and operating criteria for the regional solid
waste transfer station currently under construction on
Hollins Road, N. E., was adopted by Council on
October 21, 1991, pursuant to Ordinance No. 30775-102191.
It was further advised that the regional solid waste
transfer station is expected to be substantially
completed by November 1993; that the Roanoke Valley
Resource Authority is considering certain modifications
to the adopted criteria as outlined in a communication
under date of March 29, 1993, from John R. Hubbard, chief
Executive Officer; that proposed modifications are
intended primarily to clarify sections of the operating
criteria addressing property value protection; and the
City Planning Commission reviewed proposed revisions to
the operating criteria at its regular meeting on July 7,
1993.
The Planning Commission reconunended that Council
approve proposed changes to operating criteria of the
solid waste transfer station.
(For full text, see report and communication on file in
the City Clerk's Office.)
Mrs. Bowles offered the following emergency
ordinance: ~
(~31768-1!0893) AN ORDINANCE approving amendments
to the operating criteria for the Solid Waste Transfer
Station; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 417.)
236
ACTION:
ACTION=
Mrs. Bowles moved the adoption of Ordinance No.
31768-110893. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Edwards, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None--
(Council Member McCadden was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
EASEMENTS-APPALACHIANPOWER COMPANY-FIRE DEPARTMENT-
CITY PROPERTY-WATER RESOURCES-STREETS AND ALLEYS:
Ordinance No. 31759 authorizing execution of an agreement
with Appalachian Power Company for relocation of one
existing Appalachian power pole to a City-owned 1.36 acre
site along the westerly side of Aerial Way Drive, having
previously been before the Council for its first reading
on Monday, November 1, 1993, 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: :
(#31759-110893) AN ORDINANCE authorizing the
execution of an agreement with Appalachian Power Company
("Appalachian") permitting relocation of Appalachian's
electric service system to City-owned property on the
westerly side of Aerial Way Drive, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 408.)
Mr. Harvey moved the adoption of Ordinance No.
31759-110893. The motion was seconded by Mr. White and
adopted by the followin~ vote:
AYES: Council Members
White, Bowles and Mayor Bowers
Edwards, Harvey, Musser,
6.
NAYS: None r
(Council Member McCadden was absent.)
237
II
ACTION:
SIDEWALK/CURB AND GUTTER-CITY PROPERTY-SPECIAL
PERMITS-WATER RESOURCES: Ordinance No. 31760 granting a
revocable license to N & W Properties, a Virginia
partnership, for installation of an awning encroaching
over and into the public sidewalk on Church Avenue,
S. W., located at 25 Church Avenue, Official Tax No.
1011819, having previously been before the Council for
its first reading on Monday, November 1, 1993, 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:
(%31760-110893) AN ORDINANCE granting revocable
license for the installation of an awning encroaching
over and into the public sidewalk on Church Avenue,
S. W., located at 25 Church Avenue, S. W., Official Tax
No. 1011819, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 409.)
Mrs. Bowles moved the adoption of Ordinance No.
31760-110893. The motion~was seconded by ~. Musser and
adopted by the following vote:
AYES: Council Members Edwards, Harvey, Musser,
White, Bowles and Mayor Bowers 6.
NAYS: None' 0.
(Council Member McCadden-was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
ENQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: -
TRAFFIC-COMPLAINTS: The Mayor asked that a petition
signed by 282 persons~-requesting installation of a
traffic signal at the corner of Hollins Road and Old
Mountain Road, N. E., be referred to the City Manager for
appropriate response.
OTHER HEARINGS OF CITIZENS: None.
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that the terms of
Barbara N. Duerk, Florine Thornhill, Charles W. Hancock,
Jan P. Wilkins, Edward S. Allen and James G. Pappas as
members of the Roanoke Neighborhood Partnership Steering
238
ACTION=
ACTION:
Committee will expire on November 10, 1993, and called
for nominations to fill the vacancy.
\
Mr. Harvey placed in nomination the names of
Barbara N. Duerk, Florine Thornhill, Charles W. Hancock,
Jan P. Wtlkins, Edward S. Allen and James G. Pappas.
There being no further nominations, Ms. Duerk, Ms.
Thornhlll, Mr. Hancock, and Mr. Wtlktns were reelected
for terms of one year, each, ending November 9, 1994, and
Mr. Allen and Mr. Pappas, were reelected for terms of
three years, each, ending November 13, 1996, as members
of the Roanoke Neighborhood Partnership Steering
Committee, by the following vote:
FOR MS. DUERK, MS. THORNHILL, MESSRS. HANCOCK,
WILKINS, ALLEN AND PAPPAS: Council Members Edwards,
Harvey, Musser, White, Bowles and Mayor Bowers- 6.
(Council Member McCadden was absent.)
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT~ The
Mayor advised that the terms of Bernice F. Jones and
Frank W. Feather as members of the Advisory Board of
Human Development will expire on November 30, 1993, and
called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the names of
Bernice F. Jones and Frank W. Feather.
There being no fur{her nominations, Ms. Jones and
Mr. Feather were reelected as members of the Advisory
Board of Human Development, for terms of four years each,
ending November 30, 1997, by the following vote=
FOR MS. JONES AND MR. FEATHER:
Members Edwards, Harvey-, Musser, White,
Mayor Bowers
(Council Member McCadden was absent.)
Council
Bowles and
6.
239
There being no further business, the Mayor declared the
meeting adjourned at 9:15 p.m.
A P P R O V E D
ATTEST:
City clerk
Mayor
240
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
November 15, 1993
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, November 15,
1993, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members James G. Harvey,
McCadden, Howard E. Musser, William White, Sr.,
Bowles, John S. Edwards and Mayor David A. Bowers
II, Delvis O.
Elizabeth T.
ABSENTs None-
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wllburn C. Dlbling, Jr., City
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Joel
Buffington, Assistant Pastor, Lakeside Baptist Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
ACTS OF ACKNOWLEDGEMENT: The Mayor welcomed Mr.
Masahiro Fukumoto, Okayama Prefecture, Japan, who is
participating in an exchange program with Roanoke County
to learn more about local government.
The Mayor presented Mr. Masahiro with a photograph
of the Roanoke Valley and a Certificate of Honorary
Citizenship.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council.
241
ACTION:
ACTION:
MINUTES: Minutes of the regular meetings of Council
held on Monday, September 13, 1993, and Monday,
September 27, 1993, 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. Musser and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ........ 7.
NAYS: None 0.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Harvey,
White, Bowles, Edwards and Mayor Bowers-
NAYS: None
McCadden, Musser,
ELECTIONS: A communication from Alton B. Prlllaman,
Secretary, Roanoke City Electoral Board, transmitting an
Abstract of Votes cast in the General Election held in
the City of Roanoke on Tuesday, November 2, 1993, was
before Council.
242
"ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the November 2, 1993 General Election, for:
GOVERNOR OF VIRGINIA
Mary Sue Terry
George F. Allen
Nancy B. Spannaus
Mark Barker
Donald Duck
Brenda Foster
Jay Foster
Gordon Kendall
Tim Martin
None of the Above
Victor Thomas
M. Womack
!3,106
12,378
230
1
1
1
1
1
1
1
1
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1993,
do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for Governor of
Virginia.
Given under our hands this 3rd day of November, 1993.
A copy teste:
Electoral Board
[SEmi
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 2, 1993 General Election, for:
LIEUTENANT GOVERNOR OF VIRGINIA
Donald S. Beyer, Jr.
Michael P. Farris
Todd Knickel
None of Above
M. Womack
16,357
8,852
1
1
1
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1993,
I
243
do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for Lieutenant
Governor of Virginia.
Given under our hands this 3rd day of November, 1993.
A copy teste:
Electoral Board S/Melba C. Pirkey, Chairman
[SEAL] S/Charles T. Green, Vice Chairman
S/Alton B. Prlllaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the November 2, 1993 General Election, for:
ATTORNEY GENERAL OF VIRGINIA
William D. Dolan III 13,621
James S "Jim" Gilmore III 10,938
· 3
Steve Agee ~ 1
None of Above 1
Ed Shamey 1
John Thisdell 2
Jim Updike 1
M. Womack
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 2, 1993,
do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for Attorney
General of Virginia.
Given under our hands this 3rd day of November, 1993.
A copy teste:
Electoral Board
S/Melba C. Pirkey, Chairman
[SEAL] 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 2, 1993 General Election, for:
244
MEMBER, HOUSE OF DELEGATES
16th District
Clifton A. "Chip" Woodrum
David Anderson
Bud Brummitt
John Edwards
Brian T. Goldstein
Neil Knox
Mac McCadden
Leroy Moran
Mlckey Mouse ~
Mark Oliver
Jim Phillips
Vlcki Price
Wayne Rielly
Noel Taylor
Don Thacker ~
Victor Thomas ~
M. Womack
Chip Woodrum
9,342
1
1
1
1
1
1
1
1
!
1
1
1
1
1
1
1
1
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1993,
do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the above
office.
Given under our hands this 3rd day of November, 1993.
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
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the November 2, 1993 General Election, for:
MEMBER, HOUSE OF DELEGATES
17th District
A. Victor "Vic" Thomas
DavidAnderson
Bud Brummitt
Jack Patterson
John Sanzo
Barry L. VanCleave
8,036
1
1
1
1
1
245
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 2, 1993,
do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the above
office.
Given under our hands this 3rd day of November, 1993.
A copy teste:
Electoral Board
[SEmi
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prlllaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the November 2, 1993 General Election, for:
COMMONWEALTH ' S ATTORNEY
Donald S. Caldwell ~-- 19,635
Donald Duck 1
John Edwards
Vixen Gottstein 1
Mtckey Mouse 1
Philip Sanzo 1
M. Womack 1
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1993,
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 has received the greatest number of votes cast for
the above office in said election:
DONALD S. CALDWELL
Given under our hands this 3rd day of November, 1993.
A copy teste:
Electoral Board
[SEAL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prlllaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board
246
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the November 2, 1993 General Election, for:
SHERIFF
W. Alvin Hudson
David Anderson
Michael Bishop
Charles Holt
Jim Phillips
Diane Poff
Jane Powell
Ben Thacker
M. Womack
19,827
1
1
1
1
1
1
1
1
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1993,
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
Derson has received the greatest number of votes cast for
the above office in said election:
W. ALVIN HUDSON
Given under our hands this 3rd day of November, 1993.
A copy teste:
Electoral Board
[SEAL]
S/Melba C. Plrkey, 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 2, 1993 General Election, for:
COMMISSIONER OF REVENUE
Marsha Compton Fielder
Howard E. Musser ,
Anderson ~
David Anderson
Donald Anderson
Howard Anderson
Mike Anderson
Tony Anderson
12,869
9,756
298
1
1
1
1
247
Davidson
Beth Macy
M. Womack
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 2, 1993,
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 has received the greatest number of votes cast for
the above office in said election:
MARSHA COMPTON FIELDER
Given under our hands this 3rd day of November, 1993.
A copy teste:
Electoral Board
[S~AL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prlllaman, Secretary
S/Alton B. Prlllaman, Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the November 2, 1993 General Election, for:
TREASURER
Gordon E. Peters
David Anderson
Jerry Campbell
Anthony Sanzo
M. Womack
21,171
1
1
1
1
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit court of the election held on November 2, 1993,
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 has received the greatest number of votes cast for
the above office in said election:
GORDON E. PETERS
Given under our hands this 3rd day of November, 1993.
248
ACTION=
A copy teste:
Electoral Board
[SEAL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prlllaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board"
Mrs. Bowles moved that the communication and
Abstract of Votes be received and filed. The motion was
seconded by Mr. Musser an~ adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers --7.
NAYS: None
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
None.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS=
HEALTH DEPARTMENT{ Dr. Donald R. Stern, Director,
Roanoke City Health Department, presented the 1992-93
Annual Report of the Roanoke City Health Department. He
advised that during the past year, the Health Department
has continued its efforts to assure access to basic
health services for children which was accomplished
largely through efforts t% expand school health services.
He explained that in 1992, the Roanoke City School Board
adopted a resolution demonstrating its commitment to the
School Health Program, which provides for the addition of
four school health nurses in 1993, four additional nurses
in 1994, and four additional nurses in 1995. He added
that the additional nurses will provide a ratio of one
school health nurse per 1,000 students which was the
targeted goal of the Health Department, and will insure
that in three years, a school health nurse will be
relatively accessible tQ most of the children in Roanoke
City. ~
249
Dr. Stern referred to the Child Health Investment
Program (CHIP) which is a State-wide model program,
advising that CHIP is on the cutting edge of reform
largely because of the partnership that exists between
public and private sectors by taking the best from both
sides and merging them into a health program. He called
attention to the Resource Mothers Program which is
designed for pregnant teenagers by providing a surrogate
mother for pregnant teens, advising that the Program was
expanded through Community Development Block Grant
resources and is conducted in conjunction with the City's
Department of Social Services. He pointed out that the
Roanoke Adolescent Health Partnership was initiated
during 1993, which is a partnership with Carillon Health
System, Roanoke City Public Schools, Roanoke
Redevelopment and Housing Authority, and the Roanoke City
Health Department, whereby they have Joined forces to
provide nurse practitioner services on a community based
level, as well as a school based level. In regard to
communicable diseases, he advised that the number of AIDS
cases has increased with trends leaning more toward
females, heterosexuals, and young people. He explained
that this past year, a HIV Outreach Grant was awarded for
a new position to be established within Roanoke City to
be supervised by the Health Department and the position
of an out-posted eligibility worker was established to
determine Medicaid eligibility on site at the Roanoke
City Health Department. In connection with environmental
health, he advised that the "Silver Spoon Award" was
created and presented to DJ's Brasserie Restaurant and
the Roanoke Wiener Stand for demonstrating good
environmental health control over food services in their
efforts to store, prepare and serve food in a safe
manner.
In terms of the future, Dr. Stern called attention
to the continuing necessity to look at the needs of
children in order to access basic and preventative health
services, advising that the Child Health Investment
Program is the best serwice the City has to offer its
children. In connection with teen pregnancy, he stated
that the community needs to continue its attack on
contributors to teen pregnancy, advising that an
important strategic approach is to train males in sexual
responstb~lity by using adult male role models and
organizations that support an abstinence approach. He
called attention to the need for a new building facility
for the Health Department, advising that the present
building was constructed in 1952; that approximately 69
staff members work at various locations throughout the
City; that $37,000.00 is expended each year on rent for
250
other facilities, and management efficiencies would be
improved if services were consolidated into a local
facility for all administrative and infrastructure staff.
Without objection by Council, the Mayor advised that
the report would be received and filed.
COMMUNICATIONS DEPARTMENT: The Director of Public
Safety advised that Communications Department employees
represent a vital link between the external customer --
the citizens who have a need for services from the City
-- and certain internal counterparts from Police, Fire
and Emergency Services. He stated that Communications
employees operate behind the scenes and perform a vital
communications link to insure that immediate or basic
needs are responded to in an efficient and effective
manner. He called upon Robert J. Agnor, Manager,
Communications, who introduced certain employees from the
Communications Department who are responsible for
preparing a video depicting the Dispatch Center, Public
Works dispatch functions, Radio Shop, and E-911 System.
Mr. Agnor advised that these employees are the unsung
heroes in Public Safety because without them, the City
would not have the highquality of public safety services
that it is privileged to offer.
David A. Owen, Communications Technician II, advised
that the idea for the video surfaced last year when the
City Manager toured the Communications Department and
suggested that employees brief Council on duties and
responsibilities of the department. He stated that the
video was produced at a,modest cost to the City due to
production capabilities: of the Roanoke Valley Cable
Television Governmental 'Access Channel.
Following the viewing of the video, Corretta S.
Zimmerman, Communications Dispatcher II, advised that in
addition to the duties and responsibilities described in
the video, the Communications Department is responsible
for the Information Booth located on the Second Floor of
the Municipal Building,. public and private fire and
burglar alarms, and City Centrex lines as well as all
equipment and provision for local and long distance
telephone service. She further advised that Radio Shop
personnel are responsible for the following equipment:
computed-based 911 consoles located in the Control
Center, dispatch consoles located in the General District
Court Security Office, City Jail control offices, Public
Works dispatch center, closed-circuit television system,
public address and intercom systems in the Courthouse and
City Jail, and public address systems in the City Council
251
Chamber, library, fire stations, Police Department,
Municipal Building, Public Works Service Center, City
Nursing Homs, Juvenile Detention Home, Sanctuary, City
swimming pools and Victory Stadium. Further, she stated
that the Radio Shop is responsible for the Victory
Stadium scoreboard, sirens on all rescue vehicles,
monitors in all fire stations and rescue squad houses and
radio remotes distributed throughout the City.
The Mayor expressed appreciation for the briefing
and advised that without objection by Council, the oral
briefing would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
HUMAN DEVELOPMENT-GRANTS-FDETC: The City Manager
submitted a written report advising that the City has
been designated as grant recipient of funds received by
the Fifth District Employment and Training Consortium
(FDETC) under the Job Training Partnership Act; and the
City acts as fiscal depository of all Consortium funds,
pursuant to an agreement by localities in the Fifth
Planning District, which 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 concurrence
with agreements by the FDETC Policy Board, the Private
Industry council and the City, as the depository of
funds; that the agreements, which have not changed
significantly from Program Year 1992-93, clarify the
roles, responsibilities and liability of the service
delivery area that includes the FDETC Policy Board, the
Private Industry Council and the City of Roanoke; that
Contract JTPA Nos. 94-113-03 and E-94-113-03 cover
funding and obligations related to Titles II-A and II-C
and Title III activities for disadvantaged persons and
dislocated workers; that Contract 0K-94-113-03 covers
funding and obligations for the Opportunity Knocks
program which provides work experience for young adults,
ages 18-25; and authorization of Council is necessary in
order to execute appropriate documents.
The City Manager' recommended that he, or his
designee, be authorized to execute certain agreements
with the Governor's Employment and Training Department
for Program Year 1993-94.
(For full text, see report on file in the City Clerk's
Office.)
252
ACTION=
Mr. White offered the following resolution:
(#31769-111593) A RESOLUTION 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
Private Industry Council..
(For full text of Resolution, see Resolution Book No. 55,
page 422.)
Mr. White moved the adoption of Resolution No.
31769-111593. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ...... 7.
NAYS: None - ...... 0.
GRANTS-HOUSING/AUTHORITY-NEIGHBORHOOD ORGANIZATIONS:
The City Manager submitted a written report advising that
the Five Per Cent Single Family Program is a $6.3 million
home-ownership program of the Virginia Housing
Development Authority (¥HDA) which provides permanent
first mortgages at five per cent interest for 30 years,
and permits families with incomes between 50 - 70 per
cent of the area median (i.e., up to $28,560.00 for a
family of three) to purchase their first single family
home; and the City applied for $570,000.00 from the
Single Family Program to support potential resale of
approximately 15 subst~dard rental properties to be
independently acquired and rehabilitated by Total Action
Against Poverty's (TAP) Housing Corporation in the
southeast section of the City, as well as the Northwest
Neighborhood Environmental Organizatio~ (NNEO) in the
northwest section of the City.
It was further advised that the Virginia Housing
Development Authority (¥HDA) has approved a $200,000.00
allocation of Single Family Program funds for the City;
that due to significant demand for the funds, the City
did not receive the ful~amount of funds requested; that
the VHDA allocation specifically identified and approved
one NNEO acquired property and five TAP Housing
Corporation acquired properties as eligible for the
program; that funds are available on a first-come, first-
served basis; that neither organization is required to
253
'1
,!
ACTION~
sell their properties using VI{DA funding; and execution
of an agreement is necessary in order to accept
allocation of funds.
The City Manager recommended that he be authorized
to execute an agreement, in a form to be approved by the
City Attorney, in order to accept the $200,000.00
allocation, of Single Family Program funds from the
Virginia Housing Development Authority.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31770-111593) A RESOLUTION accepting a Single
Family Program allocation from the Virginia Housing
Development Authority and authorizing the execution of
the requisite commitment agreement.
(For full text of Resolution, see Resolution Book No. 55,
page 422.)
Mr. Harvey moved the adoption of Resolution No.
31770-111593. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ......... 7.
NAYS: None- - ..... 0.
PARKS ANDRECREATION-ARMORY/STADIUM-YOUTH: The City
Manager submitted a written report advising that the
First Virginia Soccer Classic will be held on Saturday
and Sunday, November 20 and 21, 1993, at the River's Edge
Sports Complex; that the Roanoke Valley Youth Soccer
Club, Inc., will conduct:the youth sporting event for the
third year; that the City has been requested by the
Roanoke Valley Youth Soccer Club, Inc., to permit the
sale of soccer related merchandise during the soccer
tournament; that pursuant to Section 24-5, Concessions,
of the Code of the City of Roanoke (1979), as amended,
only City Council may permit concession privileges unless
publicly advertised for sealed bids; and the contract
concessionaire deals primarily with the sale of food and
beverage items at such events.
254
ACTION=
The City Manager recommended that Council grant
concession privileges to the Roanoke Valley Youth Soccer
Club, Inc., to sell soccer related merchandise at the
River's Edge Sports Complex on November 20 and 21, 1993,
during the First Virginia Soccer Classic.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency
ordinances
(#31771-111593) AN.ORDINANCE awarding concession
privileges at River's Edge Sports Complex, upon certain
terms and conditions; authorizing the execution of the
requisite concession agreement; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 423.)
Mr. Musser moved the adoption of Ordinance No.
31771-111593. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ......... 7.
NAYS: None 0.
PUBLIC WORKS-SNOW REMOVAL: The City Manager
submitted a written report recommending that Council
accept the bid submitted by Southern Salt Co., Inc., to
furnish and deliver 1000 tons, more or less, of deicing
salt, at a cost of $43.10 per ton; and reject all other
bids received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(~31772-111593) A RESOLUTION accepting the bid of
Southern Salt Co., Inc.,~ made to the City for furnishing
and delivering deicing salt and rejecting all other bids
made to the City. ~
(For full text of Resolution, see Resolution Book No. 55,
page 424.)
255
ACTION:
Mrs. Bowles moved the adoption of Resolution No.
31772-111593. The motion was seconded by Mr. White.
Mr. White advised that last year when the matter was
considered by Council, it was his understanding that City
Staff was to investigate the feasibility of making one
Joint purchase of salt for use by the City, Roanoke
Redevelopment and Housing Authority and Roanoke City
Schools; whereupon, the Manager of General Services
advised that because of the small amount of calcium
chloride salt used by the school system and the Housing
Authority, an arrangement was worked out whereby the
schools and the Housing Authority would be permitted to
use salt purchased by the City and stored at the City's
warehouse through use of a central inventory.
Mr. White requested that the above explanation be
included in future Council reports regarding the matter.
Resolution No. 31772-111593 was adopted by the
following vote:
AYES: Council Members Harvey,
White, Bowles, Edwards and Mayor Bowers
NAYS: None
McCadden, Musser,
e
BUDGET-HOUSING/AUTHORITY-GRANTS-HOTEL ROANOKE
CONFERENCE CENTER-VIRGINIA TECH-MINORITY/WOMEN OWNED
BUSINESSES: The City Manager submitted a written report
advising that Section 108 loan funding was awarded for
the Hotel Roanoke proJect bythe United States Department
of Housing and Urban Development (~UD) for the City of
Roanoke in the fall of 1991; that construction is
expected to begin on the Hotel shortly, causing the need
to formalize all loan agreements with the various sources
of funding for the Hotel Roanoke project; that a loan
agreement between the .City of Roanoke, the Roanoke
Redevelopment and Housing Authority and the Hotel
Roanoke, L.L.C. (HRLLC) has been negotiated; that various
other documents between the City and HUD must be signed
in order for the project to receive Section 108 funding;
and a description and/or terms of the various agreements
include the following:
A. 108 Loan Agreement between the City, the
Roanoke Redevelopment and Housing Authority
and the Hotel Roanoke, L.L.C.:
256
City will obtain a loan in the
amount of $6 million guaranteed by
HUD, pursuant to Section 108 of the
Housing and Community Development
Act of 1974;
City will appropriate $6 million in
Federal funds' to the Housing
Authority;
Housing Authority will make a loan
of $6 million in Federal funds to
Hotel Roanoke, L.L.C.;
Hotel Roanoke, L.L.C. will use loan
proceeds to ~: assist in the
rehabilitation and restoration of
Hotel Roanoke;!and
Terms of the ~oan by the Housing
Authority to Hotel Roanoke, L.L.C.:
20 year term,
interest at rate charged
by City by HUD,
repayment of principal in
20 equal ~lnstallments of
$300,000 each, plus
interest,
loan is secured by a
second leasehold deed of
trust from Hotel Roanoke,
L.L.C to the Housing
Authority,
e®
repayment will be made to
the extent the Hotel
Roanoke, L.C.C. has
operating income to pay
first its bank loan
secured by a first
leasehold deed of trust
and 46 per cent to
Virginia Tech Real Estate
Foundation's pre-
development and lease
expenses and 46 per cent
to the City's $6 million
257
Section 108 loan and
eight per cent to
Doubletree loan,
f®
Hotel Roanoke, L.C.C. is
responsible to begin
making payments from
operating income, if any,
when the Hotel reopens,
with the first payment to
be due in June 1996, with
any unpaid principal and
interest cumulating over
the life of the loan, and
Hotel Roanoke, L.C.C. has
agreed to fill 70 per
cent of the 300 plus Jobs
with individuals who are
low to moderate income,
with a special effort to
fill the Jobs with City
and especially, Gainsboro
residents.
B. Contract for Loan Guarantee Assistance between
the City and HUD provides for the following:
HUD is guarantor of the $6 million
loan to the City;
City repays HUD principal and
interest of approximately
$525,000.00 (depending on interest
rate) annually*with payments divided
semi-annually (one in August and
February of each year);
3. Security for repayment:
pledge of all grants made
to the City by HUD,
be
pledge of program income
from loan proceeds, and
Co
second leasehold deed of
trust on Hotel Roanoke
property.
258
C. Fiscal Agency Agreement, Series 1993-A) is an
agreement between the City of Roanoke and HUD
which describes the process on how the money
is drawn down by the City from BUD and repaid
to HUD by the City.
The City Manager recommended that he be authorized
to execute the Section 108 Loan Agreement between the
City, the Roanoke Redevelopment and Housing Authority and
the Hotel Roanoke Limited Liability Company, a contract
for Loan Guarantee Assistance, a Fiscal Agency Agreement,
and all other documents necessary or desirable to
accomplish the transaction; that the City Attorney be
authorized to issue the legal opinion required by HUD and
Chemical Bank; and that Council appropriate $6 million to
an account entitled, "Hotel Roanoke Section 108 Loan", to
be established by the Director of Finance.
(For full text, see report on file in the City Clerk's
Office.) ~
Mr. White raised que~tions with regard to monitoring
of the Section 108 Loan Agreement; whereupon, the City
Manager advised that monitoring is performed by the
Grants Compliance Officer; that wage rates will be
monitored and Davis BacOn Act wages will be required to
be paid under Federal guidelines; that it will be the
City's responsibility to monitor the project to
completion, and then typically for a period of ten years,
or the life of the loan, in terms of insuring that
certain guidelines are adhered to. He explained that
monitoring guidelines are requiredby the Richmond area
office of the Department of Housing and Urban
Development, as well as the Washington, D. C. office; and
wages will be monitored on at least a quarterly basis or
sooner, with wage rates being the most immediate item to
be monitored.
Mr. White inquired if there is a requirement for
certain levels of participation in the construction phase
of the project; whereupon, the Grants Monitoring Officer
advised that the contractor is required to put forth his
"best efforts" in terms of hiring local and area
residents. .6
Upon question as- to the definition of "best
efforts", the City Manager advised that very earl¥ in the
process, Council sent the message that within the law of
maximized local participation, the involvement of
minority and women-owned businesses was strongly desired.
He stated that the City encouraged the project contractor
259
-!
ACTZON:
to address "best efforts" in certain specific terms, and
advised that the contractor has agreed to a minimum of 50
per cent local contract participation and a minimum of
nine per cent minority and women-owned business
participation. He added that newer in the history of the
City of Roanoke has this that type of commitment been
solicited from firms doing business with City government.
Mr. Harvey pointed out that Virginia Tech should be
commended for certain financial incentives that were
offered to the project contractor to encourage inclusion
of local and minority/women-owned businesses.
Council Members White and McCadden spoke in support
of Council receiving periodic reports with regard to
compliance with the loan agreement, and requested that
the City Manager advise Council relative to reporting
mechanisms for compliance with terms and conditions of
the HUD Section 108 Loan Agreement, as well as the hiring
of minority/women-owned businesses for construction of
and employees to staff the Hotel Roanoke and Conference
Center Project.
The City Manager asked that he be given a time frame
of three to four weeks to confer with the appropriate
City staff to determine the most effective method of
reporting specific numbers as requested by Council.
Mr. Harvey offered the following emergency budget
ordinance:
(#31773-111593) AN ORDINANCE to amend and reordain
certain sections of' the 1993-94 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 425.)
Mr. Harvey moved.the adoption of Ordinance No.
31773-111593. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harwey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ...... 7.
NAYS: None- , ........ 0.
Mr. Harvey offered the following resolution:
26O
ACTION:
(#31774-111593) A RESOLUTION authorizing the City
Manager to execute a Loan Agreement between the City,
City of Roanoke Redevelopment and Housing Authority and
Hotel Roanoke, L.L.C., a Contract for Loan Guarantee
Assistance under Section 108 of the Housing and Community
Development Act of 1974, as amended, 42 U.S.C. Section
5308, a Series 1993-A Fiscal Agency Agreement and all
other documents necessary or desirable to accomplish the
108 loan transaction; authorizing the City Attorney to
issue the requisite opinions required by the United
States Department of Housing and Urban Development and
Chemical Bank; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 55,
page 426.)
Mr. Harvey moved the adoption of Resolution No.
31774-111593. The motion was seconded by Mr. Musser and
adopted by the following, vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers 7.
NAYS: None 0.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
STREETS ANDALLEYS: Ordinance No. 31761 permanently
vacating, discontinuing and closing a certain 10-foot
alley lying approximately 124.42 feet south of the
southwest corner of Franklin Road and First Street,
S. W., said western portion lying adjacent to, south of,
and between the extended western property line of a lot
bearing Official Tax No. 1013207 and Franklin Road,
having previously been before the Council for its first
reading on Monday, November 8, 1993, read and adopted on
its first reading and laid over, was again before the
body, Mr. McCadden offering the following for its second
reading and final adoption:
261
ACTION:
ACTION:
(#31761-111593) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 418.)
Mr. McCadden moved the adoption of Ordinance No.
31761-111593. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers .... 7.
NAYS: None
e
PURCHASE/SALE OF PROPERTY-PARKS AND RECREATION-
DONATIONS/CONTRIBUTIONS-CITYPROPERTY-HOUSING/AUTHORITY-
WATER RESOURCES: Ordinance No. 31762 authorizing
execution of a deed conveying City-owned property,
identified as Official Tax No. 1221009, to the heirs of
Junius B. and Grace P. Fishburn, upon certain terms and
conditions as more fully set forth in a report of the
Water Resources Committee under date of October 11, 1993,
having previously been before the Council for its first
reading on Monday, November 8, 1993, 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:
(#31762-111593) AN ORDINANCE authorizing execution
of a deed conveying City-owned property identified by
Official Tax No. 1221009 to the heirs of Junius B. and
Grace P. Fishburn, upon.certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 420.)
Mrs. Bowles moved'the adoption of Ordinance No.
31762-111593. The motion was seconded by Mr. Edwards and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers --7.
NAYS: None 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
262
ACTION:
ACTION:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
POLICE DEPARTMENT-SCHooLS-DRUGS/SUBSTANCE ABUSE:
Council Member McCadden requested that the City Manager
contact appropriate school officials to discuss the
matter of offering the DARE Program at the senior high
school level.
OTHER HEARINGS OF CITIZENS: None.
At 3:35 p.m., the Mayor declared the meeting in
recess.
At 3:55 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Edwards moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. McCadden and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ................. 7.
NAYS: None 0.
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that the one year term of
Ronald H. Miller as a member of the Roanoke Neighborhood
Partnership Steering Committee expired on November 9,
1993, and called for nominations to fill the vacancy.
Mr. Edwards placed in nomination the name of
Ronald H. Miller.
There being no further nominations, Mr. Miller was
reelected as a member of the Roanoke Neighborhood
Partnership Steering Committ~e, for a term of one year,
ending November 9, 1994, by the following vote:
FOR MR. MILLER: Council Members Harvey, McCadden,
Musser, White, Bowles, Edwards and Mayor Bowers ........ 7.
263
OATHS OF OFFiCE-COI~4ITTEES-ROANOKE CIVIC CEN~ER~
The Mayor advised that there is a vacancy on the Roanoke
Civic Center Commission, created by the resignation of
John S. Edwards, and called for nominations to fill the
vacancy.
Mr. Edwards placed in nomination the name of Mark E.
Feldmann.
There being no further nominations, Mr. Feldmann was
elected as a member of the Roanoke Civic Center
Commission to fill the unexpired term of John S. Edwards,
resigned, ending September 30, 1996, by the following
vote:
FOR MR. FELDMANN: Council Members Harvey, McCadden,
Musser, White, Bowles, Edwards and Mayor Bowers ........ 7.
There being no further business, the Mayor declared the
meeting adjourned at 4:00 p.m.
APPROVED
I
ATTEST:
City Clerk
Mayor
I
264
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
November 22, 1993
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, November 22,
1993, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended, t
PRESENT: Council Members Delvis O. McCadden, Howard E.
Musser, William White, Sr., Elizabeth T. Bowles, John S. Edwards
(arrived at 2:07 p.m.) and Mayor David A. Bowers 6.
ABSENT: Council Member James G. Harvey, II ............... 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grisso, Director of Finance;
and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Harold S.
Moyer, Pastor, Wllliamson Road Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
BID OPENINGS
SEWERS AND STORM DRAINS-INDUSTRIES: Pursuant to
notice of advertisement for bids for Contract I -
Stormwater Detention Basin and Contract II - Storm
Drainage System, Statesman Industrial Park Project, said
bids to be received by the City Clerk until 1:30 p.m., on
Monday, November 22, 1993, 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:
265
BIDDER
BASE BID
CONTRACT I
BASE BID
CONTRACT I I
Thomas Bros.
*Aaron J. Conner,
General Contractor, Inc.
H. T. Bowling, Inc.
Allegheny Construction
Co., Inc.
Laramore Construction
Co., Inc.
Branch Highways, Inc.
Prillaman and Pace, Inc.
E. C. Pace Co., Inc.
$618,842.00
674,338.59
702,507.00
716,187.25
741,334.00
751,938.00
$2,797,251.80
3,244,056.50
3,182,048.45
3,216,720.75
*NOTE: Alteration to Bid
At this point (2:07 p.m.), Mr. Edwards entered the
meeting.
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. McCadden and adopted.
The Mayor appointed William White, Sr., Chairperson,
Kit B. Klser and William F. Clark as members of the
committee.
SEWERS AND STORM DRAINS: Pursuant to notice of
advertisement for bids for Sewer Replacement Project
PC-2, Peters Creek Sewershed, said bids to be received by
the City Clerk until 1:30 p.m., on Monday, November 22,
1993, 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 TOTAL AMOUNT-
J. P. Turner and Bros., Inc.
Prillaman and Pace, Inc.
Dixon Contracting, Inc.
E. C. Pace Co., Inc.
F. L. Showalter, Inc.
$291,524.00
379,975.10
392,631.00
413,691.00
447,707.00
266
ACTION:
ACTION=
ACTION:
ACTION:
Aaron J. Conner General
Contractors, Inc.
S. C. Rossi & Co., Inc.
450,338.05
460,022.50
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. McCadden and adopted.
The Mayor appointedW~lliam White, Sr., Chairperson,
Kit B. Kiser and Jesse H.[Perdue, Jr., as members of the
committee, i
HOUSING/AUTHORITY-ASBESTOS REMOVAL: Pursuant to
notice of advertisement for bids for asbestos abatement
for residences at 110 and 111 Wells Avenue, N. W., said
bids to be received by the City Clerk until 1:30 p.m., on
Monday, November 22, 1993, 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
HICO, Inc.
Asbestos Control Services, Inc.
Waco, Inc.
Webster Environmental, Inc.
TOTAL AMOUNT
7,664.00
12,100.00
12,320.00
15,610.00
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. McCadden and adopted.
The Mayor appointed'William White, Sr., Chairperson,
William F. Clark and George C. Snead, Jr., as members of
the committee.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
267
ACTION:
ACTION=
specific attention to three requests for Executive
Sessions to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council;
a matter with regard to a special award, being the annual
Citizen of the Year Award; and specific legal matters
requiring the provision of legal advice by counsel, being
the terms and conditions of certain agreements under
negotiation.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. White and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Edwards and Mayor Bowers 6.
NAYS: None
-0.
(Council Member Harvey was absent.)
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss a matter with regard to 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 report 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
a matter with regard to a special award, being the annual
Citizen of the Year Award, pursuant to Section 2.1-344
268
(A)(10), Code of Virginia :(1950), as amended. The motion
was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Edwards and Mayor Bowers- 6.
NAYS: None
ACTION:
(Council Member Harvey was absent.)
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss
specific legal matters requiring the provision of legal
advice by counsel, being the terms and conditions of
certain agreements 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.)
Mrs. Bowles 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 certain agreements under negotiation, 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 McCadden, Musser, White,
Bowles, Edwards and Mayor~Bowers--' 6.
;
NAYS: None 0.
(Council Membsr Harvey was absent.)
SEWERS ANDSTORMDRAINS-BONDS/BONDISSUES: A report
of the City Manager recommending that Council schedule a
public hearing to be held on Monday, December 13, 1993,
at 7:30 p.m., or as soon thereafter as the matter may be
heard, to consider the. issuance of $15.7 million in
general obligation bonds to support the City's share of
the sewage facilities expansion program, was before the
body. '
(For full text, see report on file in the City Clerk's
Office.)
269
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that Council concur in the
recommendation of the City Manager. The motion was
seconded by Mr. White and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Edwards and Mayor Bowers- 6.
NAYS: None 0.
(Council Member Harvey was absent.)
OATHS OF OFFICE-COMMITTEES-YOUTH: A communication
from E. Ann Hill tendering her resignation as a member of
the Youth Services Citizen Board, effective December 1,
1993, was before Council.
(For full 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. White and adopted
by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Edwards and Mayor Bowers 6.
NAYS: None- - ...... 0.
(Council Member Harvey was absent.)
OATHS OF OFFiCE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: A report of qualification of Edward S.
Allen as a member of the Roanoke Neighborhood Partnership
Steering Committee, for a term ending November 13, 1996,
was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
White and adopted by the following vote:
AYES: Council Members McCadden,
Bowles, Edwards and Mayor Bowers
NAYS: None-
Musser, White,
(Council Member Harvey was absent.)
270
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
BLUE RIDGE COFL~UNITY SERVICES-MENTAL HEALTH
SERVICES: Onzlee Ware, Board Member, Blue Ridge
Community Services, appeared before Council and presented
the 1993 Annual Report of the organization. He advised
that during fiscal year 1992-93, $315,252.00 of Roanoke
City's tax dollars were matched with State and Federal
dollars and fees to provide $6,102,534.00 of service to
the citizens of the City of Roanoke, which amounts to
$19.36 worth of services~for each tax dollar expended.
He stated that services were provided to persons with
problems associated with drug and alcohol addictions,
mental illness and mental retardation, and prevention and
early intervention services were provided to persons at-
risk for problems associated with drug and alcohol
addictions, at-risk for' mental illness, and mental
retardation.
·
(See statement on file in the City Clerk's Office.)
As the mother of a young adult who is the recipient
of programs offered byBlue Ridge Community Services, Ms.
Mary A. McMichael, 3611 Winding Way Road, S. W., appeared
before Council and advised that her daughter was born 31
years ago with Downs Syndrome; that she attended special
education classes in the Roanoke City Schools; that in
1984, pursuant to an existing agreement between Roanoke
City and Roanoke County, she graduated from the Roanoke
County Occupational School; and two weeks later, she was
accepted to participate in the Adult Development Program
at the Center For Human Development, which is a workshop
operated by ARC-Roanoke CHD Industries on Shenandoah
Avenue, N. W. She explained that as time went on, she
and her husband began to worry about their daughter's
care when they are no longer physically able to provide
for her; therefore, in 1987, through the Counseling and
Life Skills Center, they applied for residential
services, and after several visits and counseling, their
daughter became a resident of Hazelridge on August 1,
1991. She advised that Hazelridge is an intermediate
care facility for the mentally retarded where residents
are provided with training to increase their living
skills and their ability to care for themselves. She
stated that the best advice for parents of a mentally
retarded child is to make living arrangements for the
child when the parents are still active and able to help
271
In the transition rather than to wait until illness or
death creates a crisis. She added that permitting her
daughter to live at Hazelridge was one of the most
difficult decisions she has ever made, but she is
satisfied that it was the right decision.
Without objection by Council, the Mayor advised that
the remarks of Mr. Ware and Ms. McMichael would be
received and filed.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH: The City
Manager submitted a written report advising that since
adoption of the fiscal year 1993-94 budget, the State
Department of Social Services has allocated $25,606.00 to
the local Social Services Department to provide
Independent Living Services for eligible foster care
children aged 16 to 18; that the allocation provides
funds for services to improve care and preparation of
teenagers and other children in foster care for
ultimately, independent, 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 for successful
independent living; 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
appropriate $25,606.00-to provide Independent Living
Services to eligible children, and increase the Revenue
estimate of funds from the State Department of Social
Services in Account No. 001-020-1234-0668 and a
corresponding increase in Expenditu£e Account No. 001-
054-5314-3160 of $25,606.00
(For full text, see report on file in the City Clerk's
Office.)
272
ACTION=
Mrs. Bowles offered the following emergency budget
ordinance:
(#31775-112293) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 428.)
Mrs. Bowles moved the adoption of Ordinance No.
31775-112293. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Edwards and Mayor Bowers-- 6.
NAYS: None 0.
(Council Member Harvey was absent.)
.!
BUDGET-REFUSE COLLECTION-PUBLIC WORKS-EMERGENCY
SERVICES-GRANTS-UTILITY LINE SERVICES-SNOW REMOVAL: The
City Manager submitted a written report advising that on
March 12, 1993, approximately 18 inches of snow fell In
a 12 hour period, causing extensive tree damage
throughout the City; that on March 25, 1993, the Governor
issued an Emergency for snow removal only, thereby
activating appropriate State agencies to assist in
disaster-related activities; that on March 25, 1993, the
President issued a Snow Emergency Declaration for
Virginia at the request of the Governor, thereby
activating Federal damage assistance programs; that on
June 4, 1993, high winds caused extensive tree damage on
private properties and public rights-of-way; and the
Federal and State governments did not issue a State
emergency declaration for the June 4, 1993, windstorm in
the Roanoke Valley region to allow for damage assistance
programs.
It was further advised that on June 18, 1993, the
Commonwealth of Virginia Department of Emergency Services
notified the City that project application for the City
of Roanoke was approved for disaster funding of claimed
eligible costs incurred as a result of the severe
blizzard which occurred'on March 12 - 13, 1993; that the
subgrant approval provides assistance, totally $56,858.00
(98 per cent of eligible costs), including $1,689.00 for
subgrantee administrative costs, which amount was based
on the Damage Survey Report that was approved by the
Federal Emergency Management Agency (FEMA); that payment
I
273
for individual projects, totalling $56,058.00 was
received by the City on August 23, 1993; that tree debris
from the March 12 blizzard and the June 4 windstorm was
picked up and ground into mulch and made available to
citizens free of charge; that chemicals and snow
equipment parts used or damaged during the March 12
blizzard were replaced with funding from the current
fiscal year budget; and funds must be appropriated in
order to fund the following expenditures for storm
related clean-up work that was expended in fiscal year
1993-94:
equipment rental
overtime
chemicals
snow equipment parts
replacement
$31,765.00
22,451.00
5,475.00
5,500.00
The City Manager recommended that the Director of
Finance be authorized to recognize revenue, tn the amount
of $56,858.00, in Account No. 001-020-1234-0709, Disaster
Relief 1993, and appropriate funds to the following
accounts:
Solid Waste Management
Solid Waste Management
Street Maintenance
Snow Removal
Snow Removal
Grounds Maintenance
Utility Line Services
001-052-4210-2005
001-052-4210-1003
001-052-4110-1003
001-052-4140-9015
001-052-4140-2035
-001-052-4340-1003
016-056-2625-1003
$30,000.00
9,500.00
4,025.00
5,500.00
5,475.00
2,000.00
358.00
Total $56,858.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31776-112293) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General and Utility
Services Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 429.)
274
ACTION:
ACTION=
Mr. White moved the adoption of Ordinance No. 31776-
112293. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Bowles, Edwards and Mayor Bowers 6.
NAYS: None
-0.
(Council Member Harvey was absent.)
SEWERS ANDSTORMDRAINS-UTILITIES: The Director of
Utilities and Operations presented an oral briefing with
regard to a leak of "gray water" under the laboratory on
the 48 inch concrete/fill pipeline at the Sewage
Treatment Plant, advising that "gray water" is a term
used to describe sewage that has not been completely
treated. He pointed out that it will be necessary to
hire at least two contractors on an emergency basis, or
a sole source basis, to provide for the necessary repairs
which are estimated to cost in the range of $150,000.00.
He explained that inasmuch as the work involves a large
pipe, both in the ground and in the air and a steel
welded pipe, City forces are not experienced or equipped
to handle the necessary repairs, advising that a liner
has been determined to be the most suitable approach. He
stated that a formal written report will be submitted to
Council following completion of the necessary repairs, in
accordance with provisions of the Code of the City of
Roanoke (1979), as amended.
Without objection by Council, the Mayor advised that
the briefing would be received and filed.
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance
submitted the financial-report for the City of Roanoke
for the month of October 1993.
(For full text, see financial report on file in the City
Clerk's Office.)
Mr. White moved
received and filed.
McCadden and adopted.
that the financial report be
The motion was seconded by Mr.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
ACTION:
275
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYORAND MEMBERS
OF COUNCIL:
GRANTS-HOTEL ROANOKE CONFERENCE CENTER-MINORITY/
WOMEN OWNED BUSINESSES-VIRGINIA TECH: Council Member
White reiterated a previous request to the City Manager
under date of November 15, 1993, with regard to reporting
mechanisms for compliance with terms and conditions of
the HUD Section 108 loan agreement, as well as hiring of
minorities, women-owned contractors and employees to
construct and staff the Hotel Roanoke and Conference
Center project.
OTHER HEARINGS OF CITIZENS: None.
At 2:45 p.m., the Mayor declared the meeting in
recess.
At 4:40 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Member Harvey.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Edwards moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Infok~ation 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 McCadden, Musser, White,
Bowles, Edwards and Mayor Bowers--- 6.
NAYS: None -0.
(Council Member Harvey was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER:
The Mayor advised that there is a vacancy on the Roanoke
Civic Center Commission, due to the ineligibility of
Robert D. Edwards to serve another term, and called for
nominations to fill the vacancy.
276
ACTION=
ACTION:
ACTION:
Mr. Musser placed in nomination the name of W. Alvin
Hudson, Jr.
There being no further nominations, Mr. Hudson was
elected as a member of the Roanoke Civic Center
Commission for a term ending September 30, 1996, by the
following vote:
FOR MR. HUDSON: Council Members McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ...... 6.
(Council Member Harvey was absent.)
OATHS OF OFFICE-COMMITTEES-CENTER IN THE SQUARE:
The Mayor advised that there is a vacancy on the Board of
Directors of Center In The Square created by the
resignation of Joel M. Schlanger, and called for
nominations to fill the vacancy.
Mr. Musser placed in nomination the name of James D.
Grisso.
There being no further nominations, Mr. Grisso was
elected as a member of the Board of Directors of Center
In The Square by the following vote:
FOR MR. GRISSO: Council Members McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers 6.
(Council Member Harvey was absent.)
OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor
advised that there is a vacancy on the Roanoke Public
Library Board created by the resignation of Bonnie A.
Nethery, for a term ending June 30, 1995, and called for
nominations to fill the vacancy.
Mr. White placed in nomination the name of B. Gayle
Graves.
There being no further nominations, Ms. Graves was
elected as a member of the Roanoke Public Library Board
to fill the unexpired term of Bonnie A. Nethery,
resigned, ending June 30, 1995, by the following vote:
FOR MS. GRAVES: Council Members McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers 6.
(Council Member Harvey was absent.)
277
AC~ION~
COUNCIL: Mrs. Bowles moved that the regular
meetings of City Council scheduled for Monday,
December 6, 1993, and Monday, December 27, 1993, be
cancelled. The motion was seconded by Mr. White and
adopted.
There being no further business, the Mayor declared the
meeting adjourned at 4:45 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
278
REGULAR WEEKLY SESSION---%--ROANOKE CITY COUNCIL
December 13, 1993
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, December 13,
1993, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetinqs~ of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Howard E. Musser (arrived at
7:40 p.m.), William White, Sr., Elizabeth T. Bowles, John
Edwards, James G. Harvey, II, Delvis O. McCadden and Mayor
David A. Bowers .... 7.
ABSENT: None ....
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wllburn C. Dibling, Jr., City
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Scout Troop No. 8, Raleigh Court Methodist
Church. .
At this point, 7:40 p.m., Council Member Musser entered the
meeting.
COUNCIL-BUDGET-NATIONAL LEAGUE OF CITIES-
LEGISLATION-TAXES: On behalf of the City of Roanoke,
Council Member Bowles advised that she attended the
Annual Conference of the National League of Cities in
Orlando, Florida, on December 2 - 5, 1993. She stated
that as a part of the Conference, she attended sessions
with regard to unfunded mandates imposed by the State and
Federal governments, thereby, forcing localities to
identify potential funding sources to address said
unfunded mandates, thus'causing localttles to take away
funds previously earmarked for local programs. She
presented Council Members and staff with buttons and
bandannas which were distributed at the Annual Conference
expressing opposition .to unfunded Federal and State
mandates.
279
PUBLIC HEARINGS
STREETS AND ALLEYS:. Council at its regular meeting
on Monday, November 8, 1993, having continued a public
hearing on the request of Berglund Chevrolet, Inc., that
a 100 foot portion of Maddock Avenue, lying west of
Williamson Road, N. W., located between lots bearing
Official Tax Nos. 3080904 and 3080905 on the south, and
Official Tax Nos. 3080815 and 3080816 on the north, be
permanently vacated, discontinued and closed, the matter
was again before the body.
A report of the City Planning Commission
recommending that Council approve the request to close
and vacate the abovedescribed 100 foot section of Maddock
Avenue, N. W., subject to the following conditions, was
before the body.
A. The applicant shall submit to the City for
review, approval and recordation with the
Office of the Clerk of the Circuit Court, a
subdivision plat, said plat to provide for the
following:
the combination of all properties
which would otherwise be landlocked
by the requested closure or
otherwise disposing of the land
within the :right-of-way to be
located in a manner consistent with
law;
2. the retention of appropriate
easements, together with a public
right of passage over same, for
subsurface ~ installation and
maintenance of any and all utilities
that may be'! located within the
right-of-way; and
3. the dedication thereon of land
sufficient in size to provide for
the construction of a public
turnaround at the proposed terminus
of Maddock Avenue, N. W.
B. The applicant shall receive approval from the
Agent to the City Planning Commission, a plan
and profile of~ the turnaround to be
constructed within the dedicated right-of-way.
28O
Prior to the City's approval of the
subdivision and plan and profile, the
applicant shall file with the Agent to the
City Planning Commission, a subdivider's
agreement in a form.to be approved by the City
Attorney and a performance guarantee in an
amount deemed sufficient by the Agent to the
Planning Commission to provide for the
construction of the proposed turnaround and
other improvements as specified herein. The
plan and profile of the proposed turnaround
shall include a clean environmental assessment
of the land within the right-of-way to be
dedicated, said assessment to be in a form
acceptable to the City Manager. The applicant
shall agree to indemnify and hold harmless,
the City, its agents, and employees for any
liability, including but not limited to all
costs, fines and penalties arising out of the
city's current ownership of the subject
section of Maddock Avenue, N.W., being
requested for closure or the City's future
ownership of the land to be dedicated.
C. The applicant shall install and maintain a
landscape buffer of non-deciduous trees set on
ten foot centers at a minimum height of six
feet along the easterly boundary of property
bearing Official Tax No. 3080806, along the
southerly bounda~ of Official Tax Nos.
3080806, 3080805, 3080804, then along the
easterly boundary of Official Tax No. 3080814,
thence along and around the perimeter of the
proposed new cul-de-sac and along the easterly
boundary of Official Tax Nos. 3080902 and
3080913, to a point abutting the right-of-way
of Thurston Avenue, N. W. The cost of such
landscaping and its installation shall be
included in the performance guarantee required
in Section B above~
D. No vehicular access onto Maddock Avenue,
N.W., from Berglund Chevrolet, Inc.,
operations shall be allowed so long as any
residential uses remain on that portion of
Maddock Avenue, N. W., remaining open for
public use.
281
ACTION=
E. If the above-cited conditions A, B, and C have
not been met within a period of 12 months from
the date of adoption of the ordinance
providing for the closure of the subject
right-of-way, such 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. Harvey moved that the following ordinance be
placed upon its first reading:
(#31777) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 453.)
The motion was seconded by Mrs. Bowles.
Daniel F. Layman, Jr., Attorney, appeared before
Council on behalf of the request of his client.
The Mayor inquired if there were persons present who
would like to address Council with regard to the matter.
There being none, Ordinance No. 31777 was adopted, on its
first reading, by the following vote:
AYES: Council Members Musser, White,
Edwards, Harvey, McCadden and Mayor Bowers
Bowles,
7.
NAYS: None 0.
ZONING: Council at its regular meeting on Monday,
November 8, 1993, having continued a public hearing on
the request of Berglund Chevrolet, Inc., that a tract of
land located on the north side of Maddock Avenue, N. W.,
designated as Official Tax Nos. 3080815, 3080816 and
3080817, and a tract of land located on the south side of
Noble Avenue, N. W., designated as Official Tax No.
3080807, be rezoned from RM-1, Residential Multi-family,
Low Density District, to C-2, General Commercial
District, the matter was again before the body.
282
ACTION:
A report of the City Planning Commission
recommending that Council approve the request, advising
that the rezoning will be a logical extension of the
adjoining C-2, General Commercial District, located to
the east and south of the property and will place all
contiguous property under the same ownership within the
same zoning district classification, was also before the
body.
(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:
(#31778) AN ORDINANcE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
308, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 54,
page 456.)
The motion was seconded by Mr. Harvey.
Daniel F. Layman, ~Jr., Attorney, appeared before
Council on behalf of the request of his client.
The Mayor inquired if there were persons present who
would like to address Cquncil with regard to the request
for rezoning. There being none, Ordinance No. 31778 was
adopted, on its first reading, by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ............. 7.
NAYS: None 0.
STREETS AND ALLEYS: Pursuant to Resolution No.
25523 adopted by the CoHncil on Monday, April 6, 1981,
the City Clerk having advertised a public hearing for
Monday, December 13, 1993, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of
Richard A. Newcomb that:two alleys described as follows:'
Alley No. One, extending 275 feet from Shenandoah Avenue
to Centre Avenue, N. W.; and Alley No. Two, a 260 foot
portion of an alley extending from the easterly right-of-
way boundary of Alley No,. One to a property line dividing
Official Tax Nos. 2310710 and 2310711, be permanently
vacated, discontinued and closed, the matter was before
the body.
283
II
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
November 26, 1993, and Friday, December 3, 1993.
(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 provide additional
land area for the construction of a new warehouse and
office facility which will be owned and operated by the
applicant, was before Council.
The Planning Commission recommended that Council
approve the request, subject to the following conditions:
The applicant shall submit to the City for
review, approval and recordation in the Office
of the Clerk of Circuit Court, a subdivision
plat, said plat to provide for the following:
a combination of all properties
which would otherwise be landlocked
by the requested closure or
otherwise disposing of the land
within the right-of-way;
the retention of appropriate
easements, together with right of
public passage over same, for
subsurface installation and
maintenance of any and all existing
utilities that may be located within
the right-of-way; and
the dedication thereon of land
sufficient in size to provide for
the construction of a public
turnaround at. the proposed terminus
of Alley No. Two.
If a plat of subdivision is not approved by
the City and recorded by the applicant within
a period of six ~months from the date of
adoption of the ordinance providing for the
closure of the ~subJect right-of-way, said
ordinance shall be null and void with no
further action by Council being necessary.
(For full text, see report on file in the City Clerk's
Office.)
284
ACTION=
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
( #31779 ) 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. 54,
page 458. )
The motion was seconded by Mr. McCadden.
Richard A. Newcomb, petitioner, 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, Ordinance No. 31779 was adopted, on its
first reading, by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ...... 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, December
13, 1993, at 7:30 p.m., or as soon thereafter as the
matter may be heard, on the request of the Andrews Heirs
and The J. H. Heafner Co., Inc., that a tract of land
located on Thirlane Road at Interstate 581, containing
9.9 acres, identified as Official Tax No. 6530101, be
rezoned from C-2, General Commercial District, to LM,
Light Manufacturing District, the matter was before the
body.
Legal advertiseme~.t of the public hearing was
published in the Roanoke Times & World-News on Friday,
November 26, 1993, and Eriday, December 3, 1993.
(See publisher's affidavit on file in the City Clerk's
Office. ) ..
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to place
the subject property into a zoning classification that
will permit construction of a 20,000 square foot
warehouse and distribution facility on a 3.31 acre
portion of the site, was before Council.
285
ACTION:
The Planning Commission recommended that Council
approve the request, advising that the rezoning will be
a logical extension of the adjoining LM, Light
Manufacturing District, which is located to the north and
east of the subject property.
(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:
(#31780) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
653, 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. 54,
page 460.)
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. 31780 was
adopted, on its first reading, by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ......... 7.
NAYS: None' 0.
TRAFFIC-STATE HIGHWAYS-PLANNING-LANDMARKS/HIST.
PRESERVATION-FIFTH PLANNING DISTRICT COMMISSION: The
City Clerk having advertised a public hearing for Monday,
December 13, 1993, at 7:30 p.m., or as soon thereafter as
the matter may be heard, to consider adopting the
proposed Roanoke City Thoroughfare Plan Element
(September 1993), prepared by the Fifth Planning District
Commission, as an element of the City of Roanoke's
Comprehensive Plan, the matter was before Council.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
November 26, 1993, and Friday, December 3, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
286
ACTION=
A report of the City Planning Commission
recommending that Council endorse and adopt the proposed
Roanoke City Thoroughfare Plan Element as an element of
the City's Comprehensive Plan, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered ~he following resolution:
"A RESOLUTION approving and adopting the Roanoke
City Thoroughfare Plan Element, dated September, 1993, as
an element of Roanoke: Visiog, the City's Official
Comprehensive Plan for Roanoke."
Mr. Harvey moved the adoption of the resolution.
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 matter;
whereupon, Ms. Evelyn D..Bethel, 35 Patton Avenue, N. E.,
appeared before Council on behalf of Historic Gainsboro,
and requested that if the Thoroughfare Plan Elements is
approved by Council, that room be left for changes to the
Wells Avenue realignment and proposed Gainsboro Road/
Second Street Project, upon receipt of significant and
additional information.]
The Director of Public Works advised that Council's
action will adopt the Thoroughfare Plan as an element of
the City's Official Comprehensive Plan, and will not
authorize specific projects. He explained that in the
future, it will be necessary for Council to approve case
by case projects to th~ extent that Council chooses to
implement additional p~rts of the Thoroughfare Plan
beyond those projects that are currently programmed at
Council's request by~ the Virginia Department of
Transportation.
The Mayor referred to Appendix C, Program of
Projects, of the Thoroughfare Plan Element in regard to
the Elm Avenue/I-581 Interchange, which is presently the
most critically congested area in the City, and as plans
proceed, he requested that the City consider
incorporating certain .,design changes in order to
facilitate further al&gnment of Route 116 through
Riverland Road and the southeast section of the City
toward Explore Park, wh$ch would also be advantageous to
citizens travelling to and from the Smith Mountain Lake
area where there is cqnsiderable new development. In
connection with reloca~i-.ng the southbound exit ramp to
287
Colonial Avenue from WonJu Street to Overland Road and
signalizing to provide for a full interchange at Route
419, he submitted that the interchange near the Towers
Mall/Wonju Street area should be retained, advising that
to move the interchange southward to Overland Road,
thereby increasing traffic along Overland Road, which is
a residential area, and decreasing traffic leading into
the Towers Mall/WonJu Street commercial area, would not
appear to be the best method. He spoke in support of the
interchange at 1-581 in the WonJu Street area, with
improvements to WonJu Street so that traffic will proceed
down Brandon Avenue instead of "jacklegging" around the
movie theatre at Towers Mall.
Mr. Edwards reiterated the Mayor's remarks in regard
to the 1-581 exit to the Towers Shopping Mall area,
advising that if the exit is eliminated, traffic would be
directed away from a commercial area.
The Director of Public Works advised that the level
of detail is an issue to be investigated, with
recommendations to be submitted at the time that specific
projects are programmed. He explained that the designs
are concepts that the traffic engineers are currently of
the opinion should be incorporated in the Thoroughfare
Plan Element; however, details presently under discussion
will be submitted to Council for appropriate action at
the time that specific road projects are actually
programmed for final plans and construction.
In response to M~. Bethel's remarks, the City
Manager advised that the matter presently before Council
is a Long Range Thoroughfare Plan which is conceptual in
nature, and any and all%project(s) to be constructed in
the City of Roanoke must be approved by City Council
prior to the City Administration pursuing the project(s)
with the Virginia Department of Transportation.
Dr. M. Rupert Cutler, Executive Director, Explore
Park, appeared before Council and advised that an ideal
way to connect Explore Park with the Virginia Museum of
Transportation, Center~ In The Square and the Mill
Mountain Zoo would be by means of a shuttle bus, with the
obvious route encompassing Jefferson Street, Walnut
Avenue, Fishburn Parkway, Mill Mountain Spur to the Blue
Ridge Parkway, and the Blue Ridge Parkway to Explore
Park. He added that %ny improvements to the Walnut
Avenue Bridge and the connection between Jefferson Street
and Walnut Avenue and Ri;verland Road to the Mill Mountain
Zoo would serve to enhadce the trip for tourists visiting
these interconnected attractions.
288
The Mayor inquired if it was imperative that Council
approve the Thoroughfare Plan Element this evening;
whereupon, John R. Marlles, Agent to the City Planning
Commission, advised that there is no specific deadline;
however, the City Planning Commission and staff, with
assistance of the Fifth Planning District Commission,
have worked on the Thoroughfare Plan for over two years
and both bodies are somewhat anxious for the development
to be implemented, particularly, as City staff proceeds
to update Roanoke Vision, the City's Official
Comprehensive Plan.
The Mayor advised that he was not satisfied that his
concerns had been appropriately addressed, and inquired
if Council was desirous of deferring action on the
Roanoke City Thoroughfare Plan Element pending further
discussion of the abovereferenced matters of concern.
The City Manager stated that he did not intend to
bring specific road projects to Council at any time in
the near future inasmuch as Council has formally
committed the City to certain road projects that will
exceed available funding well beyond the year 2000, and
an updated Comprehensive Plan will be submitted to
Council well in advance~of the time that the City will
submit its next formals road project to the Virginia
Department of Transportation. He reiterated that the
Thoroughfare Plan Element is Council's plan and City
staff was making a recommendation based on available
traffic data.
No other person wishing to be heard, Mr. White
offered a substitute motion that action on the Roanoke
City Thoroughfare Plan Element be tabled for a period of
30 days to provide sufficient time for City staff and
Members of Council to address areas of concern and report
to Council with an acceptable Thoroughfare Plan. The
substitute motion was seconded by Mr. McCadden and
adopted.
ANNEXATION/CONSOLIDATION: 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 13, 1993, at 7:30 p.m., or as soon
thereafter as the matter may be heard, to consider the
question of relocating two portions of the boundary line
between the City of Roanoke, the Town of ¥inton and the
County of Roanoke, the matter was before the body.
289
ACTION=
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Monday,
November 26, 1993, and Monday, December 6, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Manager advising that on
October 12, 1992, Council reviewed Resolution 816 adopted
by the Town of Vlnton which requested that the City of
Roanoke agree to adjust and relocate its existing
corporate boundary at one specific location; that the
Town of Vlnton requested the boundary adjustment on
behalf of William P. Vinyard, owner of a parcel of land
described as Official Tax No. 7010202, that is bisected
by the boundary line that separates the City of Roanoke
and the Town of Vinton; and the City Planning Commission
recommended that Council approve the requested adjustment
and further recommended that such boundary be adjusted in
a manner that would correct existing alignment that
divides certain other buildings and lots in an arbitrary
manner, was before Council.
It was explained that the Assistant Town Manager of
Vinton expressed concerns relative to the recommended
adjustments and requested that consideration be given to
the need for further adjustment and alteration of the
boundary to allow certain Vinton residents to remain in
the Town of Vinton; that City Council continued the
matter in order to provide sufficient time for City staff
and Town of ¥inton staff to resolve concerns; and
pursuant to Ordinance No. 31285-010493, adopted on
January 4, 1993, Council authorized execution of an
Agreement between the City of Roanoke, the County of
Roanoke, and the Town of Vinton adjusting the boundary
line between said Jurisdictions.
The City Manager recommended that Council authorize
the Mayor to execute the Agreement between the County of
Roanoke and the Town of Vinton providing for certain
adjustments in the location of the City's existing
corporate boundary.
(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:
29O
(#31781) AN ORDINANCE adopting, and authorizing the
Mayor to execute, an Agreement between the Town of
Vinton, the County of Roanoke, and the City of Roanoke
relating to the boundary line between said governmental
entities, and directing that certain other actions
relating to such boundary line be taken.
(For full text of Ordinance, see Ordinance Book No. 54,
page 461.) ~
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 matter.
There being none, Ordinance No. 31781 was adopted, on its
first reading, by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers .............. 7.
NAYS: None 0.
BONDS/BOND ISSUES-SEWERS AND STORM DRAINS-CAPITAL
IMPROVEMENTS PROGRAM-WATER RESOURCES: The City Clerk
having advertised a 'public hearing for Monday,
December 13, 1993, at 7:30 p.m., or as soon thereafter as
the matter may be heard, to consider adoption of an
ordinance authorizing the City to contract a debt and
issue $15,700,000.00 principal amount of general
obligation bonds for the purpose of providing funds to
defray the cost of capital improvements to the sewer
system owned and operated by the City, including, without
limitation, expansion and renovation of the Regional
Sewage Treatment Plant located in the City and
construction of new sewer interceptors, the matter was
before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Sunday,
November 28, 1993, and Sunday, December 5, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
Council Member Elizabeth T. Bowles, Chairperson of
the Water Resources Committee, presented a written report
on behalf of the Commi~tee, recommending that Council
indicate its intent to approve an agreement with other
participating jurisdict4ions once contract language has
been drafted and approved by attorneys for the five
291
ACTION:
ACTION:
ACTION:
Jurisdictions; approve a $15,700,000.00 general
obligation bond issue to fund the City's share; and
approve a phased-in three step adjustment to sewage rates
and charges as set forth in a certain schedule
incorporated in the report.
(For full text, see report and interdepartmental
communication under date of november 22, 1993, from the
City Manger, City Attorney and Director of Finance on
file in the City Clerk's Office.)
Mr. McCadden moved that the following ordinance be
placed upon its first reading:
(#31782) AN ORDINANCE authorizing the issuance of
fifteen million seven hundred thousand dollars
($15,700,000.00) Principal amount of General Obligation
Bonds of the City of Roanoke, Virginia, for the purpose
of providing funds to defray the cost of capital
improvements to the sewer system owned and operated by
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. 54,
page 463.)
!
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 public
hearing. There being none, Ordinance 31782 was adopted,
on its first reading, by the following vote:
AYES: Council .Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ...... 7.
NAYS: None- 0.
Mrs. Bowles moved that Council express its intent to
Join with Roanoke County, the City of Salem, the Town of
Vlnton and Botetourt County in the renovation and
expansion of the Sewage.Treatment Plant. The motion was
seconded by Mr. McCadden and unanimously adopted.
Mrs. Bowles moved.that the following ordinance be
placed upon its first reading:
292
ACTION:
(#31783) AN ORDINANCE establishing a rate schedule
for certain sewage rates and related charges for services
provided by this City, effective March 1, 1994,
January 1, 1995, and January 1, 1996.
(For full text of Ordinance, see Ordinance Book No. 55,
page 474.) :
The motion was seconded by Mr. McCadden and adopted
by the following vote: ~
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ............. 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, ~hat item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss vacancies o~ various authorities, boards,
commissions and committ~es appointed by Council.
MINUTES: Minutes o5 the regular meetings of Council
held on Monday, October 4, 1993, Monday, October 11,
1993, and Monday, October 25, 1993, 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. Musser and
adopted by the following vote:
AYES: Council ~embers Musser, White, Bowles,
Edwards, Harvey, McCadde~ and Mayor Bowers ............. 7.
NAYS: None
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council. meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
293
ACTION:
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ..... 7.
NAYS: None. 0.
REFUSE COLLECTION-RIVER PARKWAY/EXPLORE PARK: A
report of the City Manager with regard to a communication
from John H. Parrott, Chairperson, Roanoke Valley
Regional Solid Waste Management Board, advising that the
Board will cease operations when the new Smith Gap
Landfill begins taking waste material il, a few weeks,
with closure construction expected in March 1994 and
completion in early fall, was before Council.
The City Manager recommended that Mr. Parrott's
letter be received and filed.
The City Manager referred to his communication under
date of December 2, 1993, addressed to M. Rupert Cutler,
Director, Virginia Explore Park, with regard to the land
currently being managed by the Roanoke Valley Regional
Solid Waste Management Board through the Roanoke Valley
Resource Authority, advising that at the appropriate
time, he is prepared to:recommend agreements to Council
that will: ,
provide an easement to the National
Parks Service for the Parkway Spur;
and
provide an "air side" operational
agreement tlith the VRFA/Virginia
Explore Park-to plan, manage, and
operate the residual lands of the
Board/City, County and Town.
J
294
ACTION:
ACTION:
ACTION:
Mr. Herbert stated ,that the Director of Utilities
and Operations will represent him to review issues of
closure, easements and operating agreements.
(For full text, see communications on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report and communications
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers 7.
NAYS: None 0.
OATHS OF OFFICE-COmmITTEES-ROANOKE CIVIC CENTER: A
report of qualification of W. Alvin Hudson, Jr., and
Mark E. Feldmann as members of the Roanoke Civic Center
Commission, for terms ending September 30, 1996, 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.
Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers--- 7.
NAYS: None 0.
OATHS OF OFFICE-CQMMITTEES-HUMAN DEVELOPMENT: A
report of qualification of Bernice F. Jones and Frank W.
Feather as members of the Advisory Board of Human
Development, for terms-ending November 30, 1997, 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.
Musser and adopted by t~e following vote:
AYES: Council. Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers --7.
NAYS: None 0.
295
ACTION:
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: A report of qualification of Ronald H.
Miller as a member of the Roanoke Neighborhood
Partnership Steering Committee, for a term ending
November 9, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ............. 7.
NAYS: None--
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND CO~/4UNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of $12,000.00
for the Homework Helpline, advising that the program is
a telephone call-in service, sponsored by WBRATelevision
and Pepsi-Cola Bottling Company to be used by students in
grades K-8 to receive guided assistance by teachers who
will staff the lines through a call forwarding system,
was before Council.
A report of the Director of Finance advising that
the grant is funded with donations, and recommending that
Council concur in the request, was also before the body.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. White offered the following emergency budget
ordinance:
(#31784-121393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 School Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 430.) ::
296
ACTION:
Mr. White moved the adoption of Ordinance No. 31784-
121393. The motion was seconded by Mr. Harvey and
adopted by the following:vote:
AYES: Council Members Musser, White,
Edwards, Harvey, McCadden and Mayor Bowers ...........
NAYS: None
Bowles,
REPORTS OF OFFICERS:
CITY MANAGER: ~
BRIEFINGS:
HOUSING/AUTHORITY-GRANTS: H. Daniel Pollock, Jr.,
Housing Development Coordinator, presented a briefing on
the City's Comprehensive Housing Affordabllity Strategy
(CHAS). He advised that the CHAS has been brought to
Council on three occasions over the past two to three
years, and the report is mandated by the Federal
government in order for the City to receive a number of
different types of Federal funds, including Community
Development Block Grant funds and HOME funds, all
totalling several million dollars per year. In addition,
he stated that a number of proposals from the private
sector to other funding agencies, whether it be the
Department of Housing and Urban Development or State
agencies, are reviewed, in part, in accordance with their
compatibility with the City's CHAS; therefore, the
document has a great deal of significance with regard to
what happens in terms of housing in the City of Roanoke.
Mr. Pollock explained that CHAS addresses the
general strategy to be pUrsued within a five-year period
in the City and not Just by City government, but by other
agencies such as the Roanoke Redevelopment and Housing
Authority, private/non-profit agencies, and private for-
profit interests as well. He stated that the report
deals predominantly with issues of low/moderate income
households, special needs populations, the homeless and
subsidized housing clients, and in addition to dealing
with the five-year strategy, the CHA$ entails a plan for
the first year's activities which cover the period
October 1, 1993 throug~ September 30, 1994. He added
that the report addresses the resources that are expected
to be available within the fiscal year, and the
institutional structur~ to be used to undertake
activities in the plan in pursuit of the five-year
strategies. He explained that the City will be monitored
297
by the Department of Housing and Urban Development in
terms of how well it pursues outlined strategies and
activities to be undertaken within a year's time.
Mr. Pollock advised that the Comprehensive Housing
Affordability Strategy was compiled with input and
assistance from approximately 100 persons over a period
of a year representing many different sectors of the
community and against the backdrop of a number of general
policies and philosophies regarding housing within the
City which is more fully set forth in the Executive
Summary that was carried over from previous CHAS reports.
He called attention to the following 13 identified
strategies, each having been assigned a rating of one or
two in order to provide an idea of the relative
importance of the general strategies, given what the City
believes it will accomplish:
(1) to coordinate efforts
housing regionally;
involving
(2) to encourage new homeownership;
(3) to seek to maintain diversity and
balance of housing and population
within the City;
(4) to maintain existing homeowners and
the existing housing stock,
recognizing the age of the City's
housing stock;
(5) to maintain and involve existing
rental units;
(6) the pursuit -of additional rent
subsidies for.existing residences of
the City ~nd special needs
populations; ~
(7) to address public policies which may
tend to limit choice or contribute
to substandard housing conditions
within the City;
(8) to provid~ emergency and
transitional Shelter and support for
existing home'~ess populations;
(9) to maintain and improve the quality
of existing shelters;
298
(10) to enhance homeless
measures;
prevention
(11) to insure that,prevention programs,
shelter facilities and support
programs are available and
accessible to homeless persons with
special needs and youth and
children;
(12) to increase the supply of housing
available for special needs
populations throughout the Valley;
and ~
(13) to increase the training and support
services available to special needs
populations.
Mr. Pollock explained that each of the 13 strategies
has an annual plan of activities which are items that
will be included in the adopted CHAS and should be
reviewed in preparation of the 1994-95 fiscal year
budgets. He stated that the proposed schedule calls for
the plan to be submitted to the City Planning Commisstun
for endorsement on Wednesday, December 15, 1993, and it
is anticipated that; the Comprehensive Housing
Affordability Strategy will be submitted to Council on
Monday, December 20, for approval, endorsement and
submittal by Council to the Department of Housing and
Urban Development for lt~ review and approval by the end
of calendar year 1993.
~. Harvey inquired if there are provisions in the
CHAS document with regard to the sharing of affordable
housing throughout the entire Roanoke Valley community
within the next five years, and also inquired as to
whether a report will be submitted to Council by the City
Manager in the near future with regard to increasing the
amount of middle and upper income housing within the City
limits.
Mr. Pollock responded that very little is
incorporated in the CHA~ report, advising that in spite
of being called a Com~rehensive Housing Affordability
Strategy, the document is not truly comprehensive in that
it addresses specifica$1y the housing issues of those
persons of relatively modest income within the City of
Roanoke and, in the ~argest context which is both
regional and functional, takes into consideration the
299
needs of the City in terms of housing diversity and
attracting people of higher incomes. He stated that the
study addresses the enhancement of coordination of
efforts toward housing affordabllity within the Roanoke
Valley overall, and stressed that Cf{AS is not a
comprehensive housing plan, however, it is a plan that
addresses low/moderate income housing within the City.
John A. Sabean, Director of Resource Development,
Blue Ridge Community Services, advised that one of his
major responsibilities is to monitor housing
opportunities for persons with serious mental illness.
On behalf of the Blue Ridge Community Services and the
people served by the organization, he expressed
.appreciation for the opportunity to have substantial
input into the Comprehensive Housing Affordability
Strategy. He stated that the report is not perfect, but
it is a beginning in addressing and recognizing the
special needs of persons with serious mental illness who
have very low incomes and serious problems and often find
themselves in poor housing. He added that he looked
forward to an ongoing relationship with City staff as the
program develops.
The City Manager referred to Priority III, Page 6-5
of the CHAS, as follows: "Diversity and Balance:
Encourage and facilitate development of housing
appropriate for and attractive to households of moderate
and economically diverse populations". He explained that
as the draft proposal was presented to the public for
consideration, language was included with regard to
provision of upper and middle income housing, and
inasmuch as the CHAS is triggered by Community
Development Block Grant'funds, an objection was raised,
therefore, the wording was reviewed with the Department
of Housing and Urban Development and the City was
instructed to remove any reference to "upper and middle
income housing". He stated that the CHAS is narrowly
addressed to apply to low and moderate income households.
Mr. Musser requested that the City administration
provide Council with a report on available land in the
City of Roanoke for development of upper and middle
income housing; whereupon, the City Manager advised that
City staff is currently;formulating the report.
With regard to the priorities listed on Pages 1, 2
and 3 of the Table of Contents, the Mayor suggested that
each priority contain a brief summary. Secondly, he
referred to the maps on Pages 1-5 and 1-6, advising that
the CHAS is a five-year plan, which means that the City
3OO
should be better off in 1998 than it is in 1993 in terms
of areas of the City with concentrations of racial/ethnic
minorities and areas with.concentrations of families with
low to moderate incomes, and he would like the assurance
that in 1998 there will.be better dispersal among the
entire Roanoke Valley co~unity of minorities and the
disadvantaged. He stated that the document is an
affordable housing strategy, although, it appears that
the City of Roanoke is the only locality required to have
the CHAS in effect. He submitted that in 1998, Just as
it was in 1988 when the first CHAS was adopted, there has
been no substantial improvement, and the City currently
has and will continue ,to have the concentration of
minorities and the disadvantaged within the boundaries of
the City of Roanoke which is racial, economic and social
segregation in its highest form. He stated that Roanoke
City continues to be a magnet for the disadvantaged, and
if the Federal governmen% imposes on the center cities of
America a requirement that they provide affordable
housing strategies without imposing the same requirement
on surrounding localities, the Federal government will be
contributing to the problem of continued concentration of
minorities and the disadvantaged in the core cities. He
stressed that the housing strategy must be a regional
plan and other localities in the Roanoke Valley must
assume shared responsibility for the housing needs of
minorities, the mentally impaired and the disadvantaged.
Question was raised as to whether the City must
approve the document by.the end of the calendar year in
its present form; whereupon, the City Manager advised
that the City stands to lose Federal funds if it does not
aDprove a Comprehensive Housing affordability Strategy
that addresses the needs of the citizens of the City of
Roanoke. He explained~hat with a delay, there Could be
a certain amount of ri~k in terms of staying on the
positive side of the Department of Housing and Urban
Development, as well as Community Development Block Grant
funds, and many other programs in which the City
participates.
The Mayor suggested that City officials contact
appropriate officials w%th the Department of Housing and
Urban Development to request an extension of time for
adoption by the City of the Comprehensive Housing
Affordability Strategy~in order for City staff to have
additional time to address concerns raised by the Members
of Council.
Without objection by Council, the Mayor advised that
the briefing would be received and filed.
301
ITEMS RECOMMENDED FOR ACTION:
BUDGET-COMMONWEALTH'S ATTORNEY-POLICE DEPARTMENT:
The City Manager submitted a written report advising that
Congress amended 21 USC Sec. 88 el-4, 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
and local law; 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 enforcement; that the
agency requesting the transfer of property must agree to
pay fees and expenses necessary to effect the transfer;
and at its meeting on January 4, 1988, Council 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 further advised that the Police Department
receives additional funds periodically from the Federal
government's asset sharing program; that action by
Council is necessary in order to accept additional funds
to be dispersed in accordance with provisions of the
program; that revenues .collected through November 29,
1993, for the grant ~total $855,226.00 which were
deposited in Grant Account No. 035-035-1234-7060; that
the current revenue estimated is $704,367.00; that
funding received in excess of the estimated revenue,
which totals $150,859.00, needs to be appropriated; and
expenditures from the grant through November 29, 1993
total $542,550.00. '.
The City Manager recommended that Council authorize
the following actions:
accept assets from the Federal Forfeited
Property Sharing Program;
appropriate $150;859.00 to Grant Fund,
Investigations and Rewards, Account No. 035-
050-3300-2150; and
302
ACTION:
increase the revenue estimate iD the amount of
$150,859.00 in Account No. 035-035-1234-7060.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31785-121393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 431.)
Mr. White moved the adoption of Ordinance No. 31785-
121393. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers -7.
0
NAYS: None
POLICE DEPARTMENT-PURCHASE/SALE OF PROPERTY-
ANIMALS/INSECTS-DOWNTOWN ROANOKE, INCORPORATED-WATER
RESOURCES: The City Manager submitted a written report
advising that on May 4, 1993, Council authorized and
directed the City Manage~ to work with Downtown Roanoke,
Inc., to develop and implement a mounted patrol program;
that Downtown Roanoke,._Inc., established the Roanoke
Foundation for Downtown, Inc. (Foundation), to secure
funding and provide oversight and leadership for the
program; and on October.4, 1993, Council authorized the
City Manager to execute a lease agreement,with Mr. and
Mrs. Richard E. Harman, ~r., for stable facilities to be
used by police horses at minimal cost to the City.
It was explained that the lease between Mr. and Mrs.
Harman and the City has not been executed because the
lessors have requested an amendment containing specific
indemnification languagg; that the agreement between the
City, Downtown Roanoke,r. Inc., and the Foundation is in
the final stages of negotiation and authority for the
City Manager to execut% the agreement is required; and
police officers and their mounts will complete training
and be available for. service during the week of
December 20, 1993.
303
ACTION:
The City Manager recommended that he be authorized
to execute an amendment to the lease agreement with Mr.
and Mrs. Richard E. Harman, for stable space to provide
indemnification by the City of the lessors, and an
agreement with Downtown Roanoke, Inc., and Roanoke
Foundation for Downtown, Inc., in connection with
establishment and continued operation of the Mounted
Police Patrol Program.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31786-121393) A RESOLUTION authorizing the
execution of an agreement with Downtown Roanoke,
Incorporated, to provide for the establishment of a
Mounted Patrol Unit and further authorizing the execution
of an amendment to a lease between the City and
Richard E. and Margaret P. Harman.
(For full text of Resolution, see Resolution Book No. 55,
page 433.)
Mrs. Bowles moved the adoption of Resolution No.
31786-121393. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ............. 7.
NAYS: None
e
CITY GOVERNMENT-CITY EMPLOYEES: The City Manager
submitted a written report expressing appreciation to
Council for inquiries and consideration of adding two
holidays to the schedule this year for City employees;
viz: Thursday, December 23, 1993, and Thursday, December
30, 1993, advising that addition of the two holidays is
in recognition of the hard work City employees provide in
delivering services to City Customers.
The City Manager pointed out that, historically,
when holidays have been ~dded, City operations are closed
except for those City personnel who are engaged in 24-
hour operations, or who cannot be off for reasons of
public health, safety and welfare; that based on the need
to continue to deliver City services and at the same time
show appreciation for the work of City employees, he is
recommending that these two holidays be provided as
"floating" holidays which may be taken with the approval
3O4
ACTION:
of the department manager; that by providing holidays in
this manner, City offices will be open for business on
these days; that individual work schedules will be
approved by the department managers, therefore, direct
public services, such as refuse collection, social
services, street maintenance and leaf collection will not
be interrupted; and in addition, the "floating" holidays
will possibly avoid certain overtime which would be
required if City services are shut down on these days.
The City Manager recommended that December 23, 1993,
and December 30, 1993, be provided as "floating" holidays
for City employees which may be taken with the approval
of the department manager, between the day the holiday is
earned and the end of the fiscal year, June 30, 1994.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31787-121393) A RESOLUTION providing City
employees with two (2). additional holidays for this
calendar year only.
(For full text of Resolution, see Resolution Book No. 55,
page 434.)
Mr. Musser moved the adoption of Resolution No.
31787-121393. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers 7.
NAYS: None 0.
CITY SHERIFF-FLEET 5~INTENANCE FUND-EQUIPMENT: The
City Manager submitted a written report recommending that
Council accept the bid submitted by Dominion Car Company
to lease to the City two new window vans for use by the
Sheriff's Department, for a period of 48 months, at a
cost of $443.78 per month per vehicle.
(For full text, see report on file in the City Clerk's
Office.) ~
Mr. Musser offered the following resolution:
305
ACTION:
(#31788-121393) A RESOLUTION providing for lease of
two new eight passenger window vans 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 Resolution, see Resolution Book No. 55,
page 435.)
Mr. Musser moved the adoption of Resolution No.
31788-121393. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, and McCadden 6.
NAYS: None 0.
(Mayor Bowers abstained from voting.)
BUDGET-CITY ATTORNEY-CONSULTANTS REPORTS: The City
Manager submitted a written report advising that the City
Attorney's Office is charged with the responsibility of
handling legal matters concerning the City in accordance
with law and in a timely and efficient manner; that
estimating the annual cost of professional services can
be difficult inasmuch as many of the costs of outside
legal services are impossible to anticipate when the
annual operating budget Is adopted; that actual expenses
for Fees for Professional Services for fiscal year 1991-
92 were $62,510.00 and actual expenses for fiscal year
1992-93 were $29,769.00;: and $30,000.00 was budgeted for
fiscal year 1993-94 for Fees for Professional Services,
which account currently has an available balance of
$7,798.09.
It was further advised that as of December 6, 1993,
the City Attorney's Office has incurred legal expenses
totalling $68,685.83, which represent professional
services rendered to the City in defending litigation;
and funding in the City Attorney's budget is insufficient
for these expenditures.
The City Manager recommended that Council authorize
the transfer of $90,000.00 from the General Fund
Contingency, Account No. 001-002-9410-2199, to the Office
of City Attorney, Fees for Professional Services, Account
No. 001-003-1220-2010.
(For full text, see report on file in the City Clerk's
Office.)
306
ACTIONt
Mr. Harvey offered-the following emergency budget
ordinance:
(#31789-121393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 436.) .'
Mr. Harvey moved the adoption of Ordinance No.
31789-121393. The motion was seconded by Mr. Musser and
adopted by the following, vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ............. 7.
NAYS: None 0.
BONDS/BOND ISSUES-CITY TREASURER-BUDGET: The City
Manager submitted a written report advising that bonding
for the City Treasurer is required by Section 37, City
Treasurer, of the Roanoke City Charter; that the current
bonding amount of $1 million was established by Council,
pursuant to Resolution, No. 29886-121889 adopted on
December 18, 1989; and ~he new bonding amount for the
newly elected City Treasurer must be determined by
Council prior to commencement of the new term in order
that the bond may be executed by the City Treasurer.
It was explained that Gordon E. Peters was reelected
as Roanoke City Treasurer on November 2, 1993, for a term
commencing January 1, 1994, and ending December 31, 1997;
that discussions between the City's bonding insurance
consultant, Johnson-Higgins, the Acting Risk Management
Officer, and the City Treasurer have resulted in the
conclusion that the amount of the bond required by
Section 37 of the City Charter should remain at
million; that surety for the bond will be provided by
Fidelity and Deposit Company of Maryland, a corporate
bonding company authorized to transact business as a
surety in the Commonwealth of Virginia; and additional
bonding required by.the City Treasurer includes the
following, at a total cost of $3,584.00:
Money and Securiti~s Bond in the
amount of $25,000.00 to $75,000.00
($1,884.00)
307
ACTION:
ACTION=
Faithful Performance of Employees
Bond in the amount of $100,000.00
($1,700.00)
The City Manager recommended that Council establish
the bond amount for the City Treasurer for his new term
commencing January 1, 1994, and ending December 31, 1997,
at $1 million and approve Fidelity and Deposit Company of
Maryland as the surety for said bond.
It was noted that funding for said bond and other
bonds required by the City Treasurer, at a total cost of
$14,500.00, will be provided through the transfer of
$14,500.00 from Contingency Reserve, Account No. 001-002-
9410-2199, to the Risk Management Department, Account No.
001-002-1262-3020
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31790-121393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 437.)
Mr. White moved the'adoption of Ordinance No. 31790-
121393. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers 7.
NAYS: None 0.
Mr. White offered the following resolution:
(#31791-121393) 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. 55,
page 438.)
Mr. White moved the adoption of Resolution No.
31791-121393. The motion was seconded by Mr. Harvey and
adopted by the following vote:
308
AYES: Council Members Muss,r, White,
Edwards, Harvey, McCadden.and Mayor Bowers--
NAYS: None--
Bowles,
7.
BUDGET-EASEMENTS-CITY PROPERTY-CONSULTANTS REPORTS:
The City Manager submitted a written report advising that
at its regular meeting on Monday, July 26, 1993, Council
adopted Resolution No. 31605-072693 establishing the
City's environmental .policy in connection with
acquisition of real property interests; and the
Environmental Compliance Officer requested the engagement
of a qualified environmental consultant to perform Phase
I environmental assessments in those instances where it
is determined to be prudent.
It was further advised that following proper
advertisement, 14 proposals were received and opened by
a selection committee; and the three most qualified firms
were interviewed and negotiations were conducted with the
chosen firm of Hayes, Seay, Mattern & Mattern, Inc., with
regard to the following scope of work to be performed:
provide Phase I Environmental Site Assessments
for up to 50 sites within the City.
The City Manager recommended that Council award a
professional services contract to Hayes, Seay, Mattern &
Mattern, Inc., on the basis of direct personnel expenses,
plus customary fringe benefits for up to 50 environmental
assessments, at a cost not to exceed $75,000.00; that the
City Manager be authorized to enter into a contractual
agreement, in a form to be approved by the City Attorney,
with Hayes, Seay, Mattern and Mattern, Inc.; that the
Director of Finance be authorized to establish an account
entitled "Environmental Assessments - I" in the
Department of Engineering budget and transfer $5,000.00
from Bridge Inspections.- Engineering, Account No. 001-
052-4310-3072, as a revolving fund to be reimbursed as
assessments are requested.
(For full text, see report on file in the City Clerk's
Office.) -
!
Mrs. Bowles offered the following emergency budget
ordinance: ,
309
ACTION:
ACTION=
(#31792-121393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 439.)
Mrs. Bowles moved the adoption of Ordinance No.
31792-121393. The motion was seconded by Mr. Musser and
adopted by the following, vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers .... 7.
NAYS: None 0.
Mrs. Bowles offered the following resolution:
(#31793-121393) A RESOLUTION authorizing the
execution of an agreement with Hayes, Seay, Mattern &
Mattern, Inc., to provide certain engineering services,
specifically Phase I environmental assessments at sites
selected by the Environmental Compliance Officer.
(For full text of Resolution, see Resolution Book No. 55,
page 440.)
Mrs. Bowles moved the adoption of Resolution No.
31793-121393. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ............. 7.
NAYS: None 0.
TRAFFIC-STATE HIGHWAYS-ECONOMIC DEVELOPMENT: The
City Manager submitted a written report advising that on
Monday, October 25, 1993, Council adopted Resolution No.
31748-102593 in support of the alignment of a newly
proposed interstate highway, 1-73, that would generally
follow Route 460 from the West Virginia line to Roanoke
and Route 220 south from Roanoke to the North Carolina
]_lne; and existing Route 220 is inadequate for current
traffic, with one of the worst safety records of any
major four-lane facility in the Commonwealth of Virginia.
It was further advised that a corridor study has
been recommended for that portion of Route 220 from
Interstate 581 to the City of Roanoke to the North
Carolina line; that the Virginia Department of
310
ACTION:
Transportation has conducted similar studies in other
areas of the Commonwealth to identify, prioritize and
schedule needed improvements; and the corridor study
could expedite planning for 1-73 through the Roanoke
Valley or serve as a plan for localized improvements if
another interstate route is selected.
:
The City Manager recommended that Council adopt a
measure requesting the Virginia Department of
Transportation to conduct a corridor study of Route 220
from Interstate 581 to the North Carolina State line for
the purpose of developing a specific plan and schedule
for needed improvements.-
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered~the following resolution:
(#31794-121393) ,A RESOLUTION requesting the
Virginia Department of Transportation to conduct a
corridor study on Route 220 from Interstate 581 to the
North Carolina State line for the purpose of developing
a specific plan and schedule for needed improvements.
(For full text of Resolution, see Resolution Book No. 55,
page 440.) ~
Mrs. Bowles moved the adoption of Resolution No.
31794-121393. The motioo was seconded by Mr. Edwards and
adopted by the following vote:
AYES: Council Mpmbers Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ............. 7.
NAYS: None 0.
BUDGET-CONSULTANTS:REPORTS-WATER RESOURCES: The
City Manager submitted a written report with regard to
Change Order No. 4 to the contract with Crowder
Construction Company for Carvins Cove Filter Plant
Improvements - Phase I,; in the amount of $447,129.35,
advising that the following changes need the approval of
Council.
clearwell valve pit ~
two 30-inch diameter wet taps and valves
on existing 36-inch water mains
new A/C system for electrical room in the
low lift pump station
sludge basin number one
$21,700.00
42,830.00
9,575.71
25,406.40
311
ACTION=
sludge and stormwater basin number two
revised raw water intake screens
removal of the new standby generator
for the Boxley Hills pump station
to another location
miscellaneous changes
underwater investigation of intake
structure
19,328.78
232,671.22
8,761.94
5,425.05
81,430.25
The City Manager recommended that he be authorized
to issue Change Order No.. 4 to the contract with Crowder
Construction Company, in the amount of $447,129.35, to
provide for a total contract amount of $13,663,569.78 and
805 consecutive calendar days for completion of the
project; and authorize-the transfer $132,061.00 from
Water Plant Expansion Bonds, Account No. 002-056-8366-
9189, to Carvins Cove Filter Plant Improvements - Phase
I, Account No. 002-056-8368-9001.
(For full text, see report
Office.)
Mr. White offered the
ordinance: ~
on file in the City Clerk's
following emergency budget
(#31795-121393) ANORDINANCE to amend and reordain
certain sections of the 1993-94 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 441.)
Mr. White moved the adoption of Ordinance No. 31795-
121393. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ..... 7.
?,
NAYS: None 0.
Mr. White offered the following emergency ordinance:
(#31796-121393) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 4 to the City's
contract with Crowder Construction Company of Charlotte,
312
ACTION:
North Carolina, for construction of the Carvins Cove
Filter Plant Improvements.- Phase I; and providing for an
emergency. ,
(For full text of Ordinance, see Ordinance Book No. 55,
page 442.)
Mr. White moved the adoption of Ordinance No. 31796-
121393. The motion was seconded by Mrs. Bowles and
adopted by the following:vote:
AYES: Council Members Musser, White,
Edwards, Harvey, McCadden and Mayor Bowers-
Bowles,
NAYS: None 0.
BUDGET-PURCHASE/SALE OF PROPERTY-SEWERS AND STORM
DRAINS-EASEMENTS-INDUSTRIES:' The City Manager submitted
a written report with regard to property acquisition in
the Statesman Industrial. Park Detention Basin, advising
that on September 23, 1993, Council authorized
compensation for a total of six parcels not to exceed
$150,000.00 without further authorization by Council;
that Statesman Industrial Park, developed prior to
annexation by the City of Roanoke, was designed without
considering stormwater run-off to adjacent areas; that
due to lack of topographic control, massive ponding areas
exist throughout the park; that stormwater run-off seeks
its natural route down Granby Street to its intersection
with Route 460 (Orange Avenue), thereby causing serious
flooding problems; and the Statesman Industrial Park
Stormwater Management System has been designed to
eliminate the abovedescribed problems and requires a
detention basin at the upper end of Daleton Avenue in
order to prevent anything in excess of a 10-year storm
passing through the storm drain along Daleton Avenue.
It was further advised that property acquisition was
necessary to allow the construction of the basin; that
easements had to be acquired for the pipe system
extending from Statesman Industrial Park to the basin;
that in addition, an access easement is required from
Daleton Avenue to the basin for construction and for
general maintenance thereafter; and funding needs for
appraisals, title searches, property and easement
acquisition, based on fair market values, confirmed the
estimated amount of $150,000.00.
313
ACTION:
The City Manager pointed out that negotiations and
acquisition procedures are now complete and necessary
plats have been recorded; that James F. Douthat, owner of
a 6.303 acre tract required for the basin, formerly part
of 6.230 acres included in Official Tax Nos. 7130121 and
7130122, was made an initial offer of $79,850.00; that
after the offer was rejected, the City paid $79,850.00
into Court and took the property pursuant to "quick take"
condemnation procedures in order to avoid delaying the
project; and final settlement with James F. Douthat and
other easement acquisitions will require additional
funding in the amount of $27,000.00.
The City Manager recommended that the Director of
Finance be authorized to transfer $27,000.00 from Public
Improvement Bonds, Series 1992A, Account No. 008-052-
9700-9176, to Statesman Industrial Park Storm Drain,
Account No. 008-052-9656~
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following emergency budget
ordinance: ,
(#31797-121393) AN ORDINANCE to amend and reordain
certain sections of .' the 1993-94 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 446.)
Mr. McCadden moved the adoption of Ordinance No.
31797-121393. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards,.Harvey, McCadden and Mayor Bowers 7.
NAYS: None 0.
TRAFFIC: The City Manager submitted a written
report advising that a petition signed by 282 persons
requesting installation of a traffic signal at the
intersection of Ho{llMs Road and Old Mountain Road,
N. E., was forwarded to the City Manager for appropriate
response at the meeting of Council on Monday, November 8,
1993; that the petition.states that the intersection is
dangerous, with numerous accidents having occurred; that
314
ACTION:
traffic signal requests .received by the City from the
public are evaluated by using the Manual on Uniform
Traffic Control Devices (MUTCD), which establishes
numerous conditions and ~guidelines frequently used by
traffic engineers; and City-wide, there are 11 other
intersections currently under consideration for
signalization, each having met at least one warrant.
It was explained that a traffic study was performed
on Thursday, May 6, 1993, as well as a turning-movement
count of all vehicles from 7:00 a.m. to 7:00 p.m.; that
a review of results indicates that four of the MUTCD's 11
warrants have been met; that accident records from the
Police Department were reviewed and indicate that there
have been 13 accidents reported at the subject
intersection from January 1, 1990 through June 30, 1993,
resulting in three personal injuries; that MUTCD
signalization warrants .do include an evaluation of
accident history and one of the conditions necessary to
meet this warrant requires that there be five or more
reported accidents of the types susceptible to correction
by traffic signal control that have occurred within a 12-
month period; that this warrant was not met at any time
during this three and one-half year period; and of the 13
accidents, six were'of types susceptible to correction by
a traffic signal.
The City Manager advised that no action by Council
is required; however, the City Administration
acknowledges the need f4or a traffic signal at Hollins
Road and Old Mountain Road, N. E., and will consider
funding for installation as a part of the upcoming
Capital Improvement Program.
(For full text, see repgrt on file in the City Clerk's
Office.)
Mr. Musser moved that the report be received and
filed. The motion was seconded by Mr. Harvey and
unanimously adopted.
BUDGET-PURCHASE/S.A~E OF PROPERTY-PARKS AND
RECREATION-NORFOLK SOUTHERN CORPORATION-VIRGINIA
TRANSPORTATION MUSEUM-DOWNTOWN ROANOKE, INCORPORATED-
GRANTS-CONSULTANTS REPORTS: The City Manager submitted
a written report advising that on Monday, May 3, 1993,
Council received a com~unication from Mayor David A.
Bowers recommending that the City consider development of
a railside linear pazk~along the main line of Norfolk
Southern tracks extending from the historic market area
to the transportation museum.
315
ACTION:
It was further advised that the City Administration
has negotiated a proposal to prepare a conceptual design
on a cost, plus fixed fee basis, with an upset limit of
$12,000.00 with Hayes, Seay, Mattern & Mattern, Inc.,
which is also consultant for the pedestrian bridge
project to connect the-historic market area with the
Hotel Roanoke/Conference Center; that the railside linear
park and pedestrian bridge projects have certain
relationships; and preparation of a conceptual design
will include meeting with. representatives of the City and
the community, as well as business interests, i.e.,
Virginia Museum of Transportation, Downtown Roanoke,
Incorporated, Roanoke Arts Commission, development of no
more than three design alternatives, and submission of a
recommended plan with cost estimates.
The City Manager recommended that he be authorized
to enter into a contract with Hayes, Seay, Mattern &
Mattern, Inc., in a form to be approved by the City
Attorney, for preparation of a concept design for a
railside linear park extending from the historic market
area to the transportation museum, on a cost plus fixed
fee basis with an upset limit of $12,000.00; and transfer
$12,000.00 from General Fund Contingency to Account No.
001-004-9310-9508, Transfers to Capital Projects Fund.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance: '
?
(#31798-121393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General and Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 447.) '
Mr. Musser moved the adoption of Ordinance No.
31798-121393. The motion was seconded by Mrs. Bowles and
adopted by the' following vote:
AYES~ Council Members Musser,
Edwards, Harvey, and MayOr Bowers
White, Bowles,
6.
NAYS: Council Member McCadden.
Mr. Musser offered the-following resolution:
316
AC~IONz
(#31799-121393) A RESOLUTION authorizing the
execution of an agreement with Hayes, Seay, Mattern &
Mattern, Inc., to provide certain engineering services,
specifically a concept design for a railside linear park.
(For full text of Resolution, see Resolution Book No. 55,
page 448.) .~
Mr. Musser moved the adoption of Resolution No.
31799-121393. The motion was seconded by Mrs. Bowles and
adopted by the following vote=
AYES: Council Members Musser, White,
Edwards, Harvey, and Mayor Bowers
Bowles,
6.
NAYS: Council Member McCadden. 1.
BUDGET-BUSES-TRANSPORTATION FUND: The City Manager
submitted a written report advising that on Monday,
April 26, 1993, the Board of Directors of the Greater
Roanoke Transit Company (GRTC) approved its fiscal year
1993-94 operating budget, which contained $338,516.00 in
subsidy from the City of Roanoke Transportation Fund, and
up to $80,823.00 in carryover of unspent fiscal year 1993
funds; that the GRTC Board of Directors was provided
with information on the efforts of GRTC to "save" funds
during fiscal year 1993 in order to balance the fiscal
year 1994 budget; and upon preparation of GRTC's annual
financial statements bY external auditors, it was
outlined that in past years, GRTC has returned unspent
funds to the City of Roanoke, thereby reducing the net
subsidy provided by the .City.
It was further advised that upon completion of the
audit, it was determined that the actual amount of
unspent subsidy funds for fiscal year 1993 is $59,129.00,
and the City recorded an Account Receivable from the
Greater Roanoke Transit~Company, for said amount; that
the difference of $21,6~4.00 between the budgeted amount
of $80,823.00 and the amount available from the City of
$59,129.00, can be made up from funds available from
Parking Management of Southwest Virginia; that a total of
$31,010.08 is available from fiscal year 1993 parking
operations; and Council3.is requested to amend the fiscal
year 1994 Transportation Fund budget to reflect an
additional $59,129.00 in subsidy to GRTC and to use the
Account Receivable from GRTC as the funding source.
317
ACTION:
The City Manager recommended that Council amend the
fiscal year 1994 Transportation Fund budget, in the
amount of $59,129.00, thereby increasing Transfer to GRTC
Fund, Account No. 007-056-8240-9540, from $338,516.00 to
$397,645.00.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31800-121393) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Transportation Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 449.) ·
Mr. Musser moved the adoption of Ordinance No.
31800-121393. The motion was seconded by Mr. Harvey and
adopted by the following: vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers 7.
NAYS: None 0.
At 9:25 p.m., the Mayor declared the meeting in
recess.
At 9:35 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
REPORTS OF COMMITTEES:
CITY PROPERTY-EASEMENTS-APPALACHIAN POWER COMPANY-
INDUSTRIES-WATERRESOURCES: Council Member Elizabeth T.
Bowles, Chairperson of the Water Resources Committee,
presented a written report on behalf of the Committee,
with regard to execution~of an agreement with Appalachian
Power Company for installation of underground power lines
across portions of City-owned property described as
Official Tax No. 7280102 in connection with the Peters
Creek R6ad Extension Project.
A staff report advised that the Transkrit site
located at the end of Blue Hills Circle, N. E., required
the extension of Blue Hills Circle; that a City-owned lot
designated as a non-buildable lot dedicated for
ACTION:
landscaping only was created along the easterly side of
the extension of Blue Hills Circle; that an Appalachian
Power Company easement, 20 feet wide, exists along the
eastern boundary of the lot, however, the easement is not
wide enough to cover the lot and touch the street right-
of-way; and extension of underground power lines to serve
Transkrit and Blue Hills,Country Club requires that the
lines cross portions of a City-owned lot that is not
included in street right-of-way or public utility
easement and requires approval by Council.
The Water Resources Committee recommended that
Council authorize execution of an Appalachian Power
Company agreement permitting installation of underground
electric cables across City-owned property described as
Official Tax No. 7280102.
(For full text, see repJrts on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31801) AN ORDINANCE authorizing a certain
agreement with Appalachian Power Company permitting the
installation of underground power lines across portions
.of City-owned property identified by Official Tax No.
7280102.
(For full text of Ordinance, see Ordinance Book No. 54,
page 475.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Musser, White,
Edwards, Harvey, McCadden and Mayor Bowers-
Bowles,
7.
NAYS: None
e
AIRPORT-CITY PROPERTY-SPECIAL PERMITS-WATER
RESOURCES: Council ~Member Elizabeth T. Bowles,
Chairperson of the Water Resources Committee, presented
a written report on behalf of the Committee, with regard
to execution of a lease 9greement on a two acre parcel of
land, including improve~ents, located at 1302 Municipal
Road, N. W., with the Hertz Corporation.
319
¸ii
ACTION=
A staff report advised that pursuant to Ordinance
No. 18406 adopted by Council on Monday, November 11,
1968. and Resolution No. 18537 adopted by Council on
Monday, January 27, 1969, City Council authorized
execution of a lease for.a period of ten years, with two
irrevocable five year extensions, of a two acre parcel of
land, and an option of one additional acre to the Hertz
Corporation for facilities to be used for maintenance,
servicing and storage of the lessee's vehicles; that the
initial ten year lease term was December 1, 1968, through
November 30, 1978; that the 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, ended on November 30, 1988; and
a new five year lease was approved by Council on Monday,
August 1, 1989, pursuant to Ordinance No. 29680 at a
lease fee of $17,000.00 per annum, for the period
December 1, 1988 through November 30, 1993.
It was noted that the Hertz Corporation was notified
of termination of the term of the last lease extension in
November 1993; and City'staff has negotiated a-proposed
agreement with the Hertz. Corporation for a new five year
lease term and a lease fee of $19,000.00· per annum,
effective December 1, 1993.
The Water Resources Committee recommended that
Council authorize execution of a lease agreement with
regard to an improved two acre parcel of land located at
1302 Municipal Road, N. W., described as a portion of
Official Tax No. 6640105 with the Hertz Corporation for
a five year term and' at an annual lease fee of
$19,000.00, effective December 1, 1993.
(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:
(#31802) 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 certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 475.)
32O
ACTION:
The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden,and Mayor Bowers .... 7.
NAYS: None 0.
EASEMENTS-SEWERS AND STORM DRAINS-WATER RESOURCES:
Council Member Elizabeth. T. Bowles, Chairperson of the
Water Resources Committee, presented a written report on
behalf of the Committee, with regard to vacation of a
portion of a storm drain and sanitary sewer easement
located at 2815 Floraland Drive, N. W.
A staff report advised that property located at 2815
Floraland Drive, N. W., was developed and a house was
constructed on the lot in 1927; that the Williamson Road
Storm Drain Project acquired a 15 foot wide storm drain
easement along the northeasterly side of the lot,
described as Lot 12, Block 4, Floraland, several years
ago which was donated to the City; that owners of the
property have discovered that the easement encroaches
into the house approximately 0.30 foot and have requested
that the encroachment be removed; and abandonment of a
1.00 foot by 190.63 footlstrip of the southwesterly side
of the easement will be accomplished by recordation of
City of Roanoke Plan No. 6259.
The Water Resources Committee recommended that
Council authorize abandonment of a 1.00 foot by 190.63
foot strip of storm drai~ and sanitary sewer easement on
Lot 12, Block 4, Floraland, located at 2815 Floraland
Drive, N. W., in order ~to eliminate an encroachment of
the southwesterly edge of the easement into the house on
said property, pursuant to City of Roanoke Plan No. 6259.
(For full text, see repgrts on file in the City Clerk's
Office.)
Mrs. Bowles moved ~hat the following ordinance be
placed upon its first reading:
(#31803) AN ORDINANCE authorizing the vacation of
a portion of a storm drain and sanitary sewer easement
through property ldenti~ied by Official Tax No. 2280511
and owned by Danny R. Horsley and Mark K. Clark.
(For full text of Ordinance, see Ordinance Book No. 54,
page 476.) ~
321
ACTION:
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ........ 7.
NAYS: None- 0.
EASEMENTS-CITY PROPERTY-ROANOKE GAS COMPANY-WATER
RESOURCES: Council Member Elizabeth T. Bowles,
Chairperson of the Water. Resources Committee, presented
a written report on behalf of the Committee, with regard
to execution of a deed of easement granting a 20 foot
wide gas pipeline easement to Roanoke Gas Company across
City-owned property, identified as Official Tax No.
4150601, for a one-time fee of $345.00.
A staff report advised that an old gas main under
the Roanoke River near ~the bend in the river in the
piedmont Park area requires replacement; that the Roanoke
River Flood Control Project and the undesirable location
of the existing pipe dictates a move further downstream;
that a request for easement across City-owned property at
the intersection of Arbor Avenue and Ivy Street, S. E.,
was received from the Roanoke Gas Company which will
permit access to the river immediately downstream from an
existing City sewer siphon and in a more desirable
straight section of the river; and appraisal of the
easement provided by the Roanoke Gas Company indicates a
fair market value of ~345.00.
The Water Resources Committee recommended that
Council authorize execution of a deed of easement
granting a 20 foot wide'gas pipeline easement to Roanoke
Gas Company across City-owned property, identified as
Official Tax No. 4150601, for a on~-time fee of $345.00.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved ~hat the following ordinance be
placed upon its first reading:
(#31804) AN ORDINANCF authorizing the execution of
a deed of easement granting the Roanoke Gas Company a gas
pipeline easement across City-owned property identified
by Official Tax No. 4150601, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 477.)
322
The motion was seconded by Mr. McCadden and adopted
by the following voter
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ..... 7.
NAYS: None .- 0.
PARKS AND RECREATION-LEAGUE OF OLDER AMERICANS-WATER
RESOURCES: Council Member Elizabeth T. Bowles,
Chairperson of the Water Resources Committee, presented
a written report on behalf of the Committee, with regard
to the lease of certain facilities at Villa Heights
Recreation Center to the League of Older Americans Area
Agency on Aging in order to conduct a meals program for
the elderly.
A staff report advised that the Northwest Diner's
Club has used the Villa Heights Recreation Center since
1974, with staffing of the Recreation Center having been
funded by the City; ~and recently, the part-time
Recreation Center aid budget was reduced considerably,
thereby causing the City to be unable to staff the
program. ,
It was further advised that a proposed lease of
facilities at the Recreation Center by the League of
Older Americans (LOA),. which will permit use of the
facilities for $1.00 per year with the LOA providing
staff for the feeding program, has been submitted; that
said lease is.similar -to the lease with the LOA of
facilities at the southeast Fire Station No. 6 site which
is used for the same purpose; and the lease will cover an
initial five year term from October 1, 1993, through
September 30, 1998, ~ with mutual agreement to
automatically extend the lease on a year-to-year basis,
with 30 days written notice by either party prior to
lease termination.
The Water Resources Committee recommended that
Council authorize execution of a lease agreement
providing for use of cDrtain facilities at the Villa
Heights Recreation Center by the League of 01der
Americans Area Agency on Aging to conduct the "Northwest
Diner's Club" meals for the elderly program, upon certain
terms and conditions. ~
(For full text, see reports on file in the City Clerk's
Office.) .
323
ACTION=
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31805) AN ORDINANCE authorizing and providing for
the lease by the City of a structure known as the Villa
Heights Recreation Center located at 2750 Clifton Avenue,
N. W., to the LOA Area Agency on Aging, subject to
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 477.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ............. 7.
NAYS: None- 0.
TRAFFIC-STATE HIGHWAYS-PLANNING: A report of the
City Planning Commission advising that the Roanoke Valley
Area Transportation Plan~(1975-1995) was completed by the
Virginia Department of Transportation (VDOT) in 1979,
with input from affected localities; and an update of the
existing plan is being developed by VDOT in order to
reflect the impact of changes in development and in order
to maintain a current planning document that can be used
as a multi-modal planning tool by affected jurisdictions;
which updated document will be known as the Roanoke
Valley Area Long-Range Transportation Plan (1995-2015).
was before Council.
It was explained that roadway work deficiencies and
recommended improvements for Roanoke City's portion of
the Long Range Transportation Plan are listed in
Attachment B to the report; that VDOT is seeking the
City's endorsement of these deficiencies and recommended
improvements for further study in connection with the
Long Range Transportation Plan; that such an endorsement
is essentially an acknowledgement that the deficiencies
exist (or will exist by ~he year 2015) and a recognition
that the potential improvements for each roadway
represent one possible solution, and in no way does the
City commit itself to any one of the reco_mm_~ended
solutions; and deficiencies and recommended improvements
will also be used byVDOT in its Statewide Transportation
Plan which is used as a tool to access roadway network
needs throughout Virginia and is updated every five years
by VDOT.
324
ACTION:
The City Planning. Commission recommended that
Council endorse the deficiencies as identified in
Attachment B of the report, and recommend improvements
for roadways in the City of Roanoke for further study in
connection with the Roanoke Valley Area Long-Ranqe
Transportation Plan update and for the Statewide
Transportation Plan.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following resolution:
(#31806-121393) A RESOLUTION endorsing a list of
deficiencies and recommended improvements for roadways in
the City of Roanoke for further study in connection with
the Roanoke Valley Area Long-Range Transportation Plan.
(For full text of Resolutlon, see Resolution Book No. 55,
page 450.)
Mr. McCadden moved.the adoption of Resolution No.
31806-121393. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ........ 7.
: 0.
NAYS: None
CITY CHARTER-ZONINS-LEGISLATION: Council Member
William White, Sr., Chairperson of the Legislative
Affairs Committee, presented a written report on behalf
of the Committee, advising that on November 29, 1993, the
Committee met to review the proposed 1994 Legislative
Program prepared by the.City Attorney, copy of which has
been forwarded to Council.
Mr. White further advised that a proposed Charter
amendment clarifying th~ authorities of the Director of
Finance in the collectio~ of delinquent real estate taxes
will require a public hearing and recommended that
Council establish the~ public hearing for Monday,
January 3, 1994, which will allow for introduction of the
Charter amendment blll prior to the first day of the 1994
Session of the General..Assembly, as required by State
Code.
(For full text, see report on file in the City Clerk's
Office.)
325
ACTION=
ACTION=
The City Attorney' submitted a written report
advising that recently his attention was called to a
technical error concerning Section 62 of the Roanoke City
Charter which provides for staggered terms for members of
the Board of Zoning Appeals; that the 1993 Session of the
General Assembly also amended Section 62 of the City
Charter with regard to design overlay districts and the
Architectural Review Board; that in making the 1993
amendments, the language of the 1991 amendment
establishing staggered terms for members of the Board of
Zoning Appeals was not set forth; and the situation has
caused the Division of Legislative Services to suggest
that the 1991 amendment was inadvertently repealed.
In order that there will'be no question with respect
to the content of the City Charter, the City Attorney
advised that if would seem prudent to reenact Section 62,
including the 1991 amendment; and Delegate Clifton A.
Woodrum has agreed to have a bill prepared for submittal
to the General Assembly.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White moved that action on the 1994 Legislative
Program be deferred until the regular meeting of Council
on Monday, December 20, 1993, at 2:00 p.m., or as soon
thereafter as the matter'may be heard; and that a public
hearing be held on Monday, January 3, 1994, at 2:00 p.m.,
or as soon thereafter as the matter may be heard, with
regard to the abovedescribed City Charter amendments.
The motion was seconded by Mr. Musser and unanimously
adopted. ~
Mr. McCadden moved that the report be received and
filed. The motion was seconded by Mr. Musser and
unanimously adopted.
DOWNTOWN ROANOKE, INCORPORATED-TOWER PARKING GARAGE-
CONSULTANTS REPORTS-DOMINION TOWER: Council Member
William White, Sr., Chairperson of a committee appointed
by the Mayor to study the one bid received by the City
for purchase of 250 parking permits in the Tower Parking
Garage, presented a written repozt on behalf of the
Committee, recommending.acceptance of the bid submitted
by First Union Corporation of Virginia for 250 parking
permits, for a term of five years, subject to certain
terms and conditions, at a monthly rate of $23.00 per
permit. ,
326
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 resolution:
(#31807-121393) A RESOLUTION accepting the bid of
First Union Corporation of Virginia and authorizing the
execution of an agreement with First Union Corporation of
Virginia for the purchase of 250 parking permits in the
Tower Parking Garage.
(For full text of Resolution, see Resolution Book No. 55,
page 451.)
Mr. White moved the adoption of Resolution No.
31807-121393. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ...... 7.
NAYS: None -0.
SEWERS AND STORM DRAINS: Council Member William
White, Sr., Chairperson of a committee appointed by the
Mayor to tabulate bids received by the City to remove,
transport and dispose of digested, lagooned sludge from
the Water Pollution Control Plant, presented a written
report on behalf of the Committee, recommending that
Council award a contrac~ to Bio Gro Systems, Inc., to
remove and properly dispose of 6,000 dry tons of sludge
from existing lagoons for one year, at a unit price of
$80.75 per dry ton, for a minimum contract of
$484,500.00; that the City Manager be authorized to enter
into a contractual agreement, in a form to be approved by
the City Attorney, wit~ Bio Gro, Systems, Inc., with
funding to be generated ~rom user fees and encumbered in
Account No. 003-056-3150-2010 by the Director of Finance;
and reject the other bid received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency ordinance:
!
327
ACTION:
(~31808-121393) AN ORDINANCE accepting a proposal
and awarding a contract for removal and disposal of
sludge from the Water Pollution Control Plan; authorizing
the proper City official to execute the requisite
contract documents; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 452.)
Mr. White move~' the adoption of Ordinance No. 31808-
121393. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Mus_ser, White, B~,
Edwards, Harvey, McCadden and Mayor uowers ..........
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:
BUDGET-TAXES' In connection with the fiscal year
~cess, Council Member Musser requested
1994-95 budge~.~___ er it would be feasible
that the City Manug~ review wheth
to provide Council with a cost break down as to what
percentage of the sales tax and the utility tax is
directly related to Federal and State unfunded mandates.
DOWNTOWN ROANOKE, iNCORPORATED-MISCELLANEOUS: Mayor
Bowers called attention to the beautiful Christmas
decorations in downtown' Roanoke and suggested that the
City Manger cause information to be distributed through
the news media inviting citizens to view the City's
holiday decorations.
OTHER HEARINGS OF CITIZENS: None.
At 10~05 p.m., the Mayor declared the meeting in
recess.
At 10:40 p.m., the meeting reconvened in the Council
chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
328
ACTION=
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Edwards moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) 'only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ............. 7.
NAYS: None
OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT:
The Mayor advised that there is a vacancy on the
Personnel and Employment Practices Commission, created by
the resignation of Mel H. Lipton, for a term ending
June 30, 1996, and called for nominations to fill the
vacancy.
Mrs. Bowles placed in nomination the name of I. B.
Heinemann.
ACTION:
There being no further nominations, Mr. Heinemann
was elected as a member of the Personnel and Employment
Practices Commission for a term ending June 30, 1996, by
the following vote:
FOR MR. NEINEMANN: Council Members Musser, White,
Bowles, Edwards, Harvey, McCadden and Mayor Bowers ..... 7.
There being no further business,
meeting adjourned at 10:45 p.m.
the Mayor declared the
APPROVED
ATTEST .'
City Clerk
Mayor
329
ROANOKE CITY COUNCIL ROANOKE CITY SCHOOL BOARD
December 20, 1993
12: 30 p.m.
A Joint meeting of the Roanoke City Council and the Roanoke
City School Board was called to order by Mayor David A. Bowers and
School Board Chairperson Charles W. Day on Monday, December 20,
1993, at 12:30 p.m., in the City Council's Conference Room, fourth
floor of the Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with Mayor Bowers and Chairperson Day Jointly presiding.
COUNCIL MEMBERS PRESENT:~ Elizabeth T. Bowles, John S.
Edwards, James G Harvey, II, Delvis O. McCadden, Howard E. Musser
and Mayor David A. Bowers-
COUNCIL MEMBERS ABSENT: William White, Sr.- ................ 1.
SCHOOL BOARD MEMBERS PRESENT: Marilyn L. Curtis, C. Nelson
Harris, M. Wendy O'Neil, Finn D. Pincus, Clubert G. Poll, James M.
Turner, Jr., and Chairperson Charles W. Day ....... 7.
SCHOOL BOARD MEMBERS ABSENT: None .......
OTHERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dlbling, Jr., City
Attorney; William X Parsons, Assistant City Attorney; James D.
Grisso, Director of Finance; Mary F. Parker, City Clerk; Robert H.
Bird, Municipal Auditor; Willard N. Claytor, Director of Real
Estate Valuation; E. Wayne Harris, Superintendent, Roanoke City
Schools; Richard L. Kelly, Assistant Superintendent for Operations;
June S. Nolley, Secretary to the superintendent and Clerk of the
Board; Mary D. Hackley, Director of Elementary Education; R. Faye
Pleasants, Executive for Personnel; Ann F. Harmon, Executive for
Student Services; and David W. Partington, Director of Secondary/
Middle Schools.
The meeting was opened with a prayer by Mayor Bowers.
SCHOOLS-COUNCIL: The Mayor welcomed Members of the School
Board and staff to the meeting and expressed appreciation to each
person for taking time out of their busy schedule to be present.
He welcomed the new superintendent, advising that during his short
tenure, he has heard nothing but positive remarks about the manner
in which he has embraced the community.
330
Chairperson Day advised that it was a pleasure for the School
Board and support staff to be present. He called attention to an
excellent start in the school district under the leadership of the
new Superintendent, which will enable students to learn and make a
contribution to society. He stated that it has been said that in
the next century the percentage of working population will be
reduced tremendously, and there will be quite an increase in the
senior citizen population, therefore, the schools have a special
mission to insure that students are properly educated for the
future. He advised that several groups are presently working on
the issue of teen pregnancy and asked that Council Members pass
along recommendations on how the teen pregnancy rate might be
reduced; that the School Board approved student guidelines at its
last Board meeting which were well received by students, teachers,
staff and parents; and recently the Superintendent coordinated a
tour which allowed local realtors to visit the schools, which was
well received. In concluding, Chairman Day extended an invitation
to the Members of Council to visit the schools.
Ms. O'Nell, Vice-Chair of the School Board, advised that it
was impressive to know that Superintendent Harris' frequent visits
to Roanoke prior to officially assuming his duties' and making
himself available to work with students and staff saved the City an
entire school year on the learning curve which has had a
significant impact on the progress of the school year. She stated
that the School Board received an excellent budget presentation
from the Superintendent and his staff, and she was pleased to say
that emphasis will be placed on all children as equitably as
possible from those students with special needs to those who are
gifted and talented. She advised that she was pleased to report
that a technical plan will be forthcoming as a result of the work
of a task force that the Superintendent appointed which has
involved an entire cross-section of the student population as well
as the community at-large. She stated that she was pleased with
the diversity of membership of the School Board relative to gender,
race, and socio-economic status, and she would hope that that type
of diversity will be continued in the future.
Mrs. Curtis referred to an article that appeared in the
December 14, 1993 edition of the Roanoke Times & World News
entitled, "School Buildings Crumbling" which addressed a national
school problem in connection with the deterioration of school
buildings due to lack of funds for maintenance. She advised that
she would like to take this opportunity to thank City Council for
providing the necessary funds to insure that Roanoke's schools are
properly maintained which have enabled Roanoke's children to be
educated in buildings that are not only safe, but neat in
appearance, with up-to-date and modern equipment.
331
Reverend Harris advised that he has been impressed by the
leadership abilities of Superintendent Harris, as well as the
support of the School Board to involve the community in the process
of educating the children of the City of Roanoke, i.e.: (1) the
School Board set the tone initially when it opened the
Superintendent's search process which enabled the community to
become actively involved in meeting and interviewing candidates and
over 1,000 people participated in one way or another; (2) the
Superintendent and other administrators reviewed the proposed goals
and objectives of the School Board with the community and inquired
of parents, staff members and students as to their major
priorities, concerns and goals for the school division, from which
numerous suggestions were received that were condensed into five
priorities, and goals were submitted to the School Board for
adoption; (3) the Superintendent was requested to study the student
discipline issue and various policies and procedures are currently
under review by parents, PTA leaders, students and teachers; and
(4) the budget formulation process has been extended in order to
involve the community. He commended the new Superintendent for his
efforts to involve the broad community in the education process.
Mr. Pincus talked about transition, advising that any time a
new Superintendent is hired, people tend to worry about change, but
it appears that everyone is comfortable with the feeling that as
long as they do their Job, strive to come up with good solutions,
and give a good day's work for a day's pay, everything will work
out in the end. He commended the School Board and the Council on
its good communications and stated that he hoped the relationship
will continue for a long time.
Mr. Poff expressed appreciation to Council for its support of
education in the City of Roanoke. He stated that from time to
time, he hears negative remarks about the City schools and in those
instances, he invites individuals to visit the City schools and
observe first hand the quality of education that Roanoke City
students receive while learning skills that will prepare them for
the future. He commended Superintendent Harris for his leadership
and for his willingness to meet individually with School Board
Members to discuss their areas of interest and concern.
Mr. Turner commended the new superintendent, advising that the
School Board could not have done a better job in its selection. He
reiterated the remarks of Ms. O'Neil with regard to the diversity
of the School Board, as well as the remarks of Reverend Harris in
connection with involving the community ir~ the education process.
He stated that Roanoke's school system is well thought of by
colleges and universities throughout the United States.
At this point, 1:10 p.m., Mr. Turner left the meeting.
332
Mrs. Bowles advised that Council and the School Board both
work for the same purpose -- for the betterment of the children of
the Roanoke community. She stated that Council appreciates the
service of the School Board and the Superintendent in order to set
policies that will insure a good, quality education for all
children in the Roanoke City public schools. She commended the
Board for addressing the crime problem in the schools and advised
that morale of the teaching staff has improved because teachers
currently feel that they have been brought into and made a part of
the system. She commended the new budget process which places
funds in the individual schools to be used at the discretion of the
principals, and she complimented the City Manager who has worked
diligently with the School Superintendent on the budget process.
Mr. Musser echoed the remarks of Mr. Turner with regard to the
School Board's selection of Superintendent Harris and commended Mr.
Harris for the work he is doing with the school system and with the
real estate community in order to educate realtors on the merits of
the City's school system. He also commended the School Board and
the Superintendent for their efforts in addressing the crime
situation and and the issue of teenage pregnancy.
Mr. Harvey commended the existing relationship between
Council, the School Board and the new Superintendent. He spoke in
support of the concept of neighborhood schools and these steps that
have been taken to keep neighborhood schools open. He praised the
School Board on its selection of Superintendent Harris.
Mr. McCadden commended the School Board on its selection of
Superintendent Harris and called attention to a rejuvenation of
teacher effort and morale this year. He commended Superintendent
Harris on the programs he has initiated, and called specific
attention to a Saturday program in which teaching staff provides
extra tutoring to prepare students for passport testing. He stated
that all students are receiving a good, quality education -- not
Just the gifted child, but the average child as well, in
preparation for entering the real world. He commended the School
Board on its efforts in addressing behavioral problems which appear
to be slowly phasing out.
Mr. Edwards commended the School Board for operating what he
considers to be one of the finest school systems in the State. He
advised that he has observed the diverse number of programs that
are available for all students from the academically talented to
the severely handicapped, and called attention to the importance of
providing more programs for those students who may not be as
academically talented as others. He offered a suggestion that the
Roanoke Valley construct an indoor track and field house, advising
333
that currently the track team must travel to Lynchburg or virginia
Tech for indoor practice and track meets. He suggested that
constrtuction of the facility be investigated on a regional basis
with Roanoke County and/or Roanoke College.
superintendent Harris pointed out that behind every good
Superintendent is an excellent staff, and asked that the members of
his support staff stand and be recognized for their contributions.
e has been tremendous support throughout the
He advised that the~ ...... .~_.=~ vstem' and the City.has
co.unity for R?ano~e's hob%vet, Roanoke ls.9o:
school system that is se~o.uj~ .... ~ ' ~, nresented informatxon
without issues that mu~t be aa~~.~-~{ Darts of the school
with regard to an Executive summary u~
system and asked that council Members complete a survey listing two
or three of their expectations for education in Roanoke City, along
with completion of an evaluation of Roanoke's system of education.
He stated that his goal is to solicit this type of input from
throughout the community in order to collect a data base on what
citizens want, believe and expect from their school system. He
explained that also included in the written information is a short
profile that addresses graduates of the City's schools, their
current occupation and where they attended college, etc. He also
provided information with regard to school employees and how they
have contributed to the school system, along with information on
state of the art technolog~ in the schools. He called attention to
dershi of Ann F. Harmon, Executive for
der the lea P th students,
a project un ed an effort to work wi
~tudent Services, who has ~ .... ~ .... -hout the Roanoke Valley
~e~chers, administrators an~ parenu~ ~,,~ student behavior so
to clarify the standards and expectations for
that Roanoke will continue to have safe schools, and Council will
ument following final review in January
learn more a_bout ~e d~c___.~.. ~th reeard to the budget which
1994. He re£erre~ to ~nf¥~,,,~t.l'/2-=~. with specific budget
outlines the process ~o De zoxxu--=~ --- =
at the focus of the schools is visibility
highlights. He stated th .... ~- -~dren as the center of t~e
--~ ~kina as a team, w~ ~-~ ~"%- ~_ --~1 sustem are to
communicate c~ea~x¥, _U~ .... ~' ~here are some areas ~u
have safe schools, a&u~u~. .... ~--d look at options zor
improvement, to take a long,
uch as alternative education, and to expand
traditional lea~e~s ~ ........ ~am nreviously referred to as teen
the maternal an~ lnzan~ ~ F~-
t oun ladies who become pregnant are, in
re nancy to insure th? Y g ool s stem will work. to
P g ed that the sch
fact educated. ~e stat __ ldren and every member
· ' ...... ~--.- achievement of all chi ,
of the staff and every member of every school will be challenged
and held accountable to make a difference academically on behalf of
Roanoke's children.
334
The City Manager advised that he was particularly impressed by
the Members of the School Board inviting the Members of City
Council to visit the schools. In turn, he invited the School Board
to let him know of those City programs in which they have a
particular interest or any program that might have a direct or
indirect impact on the School Board. He commended the
Superintendent and the School Board on the success of the realtors
tour of the City schools and urged Council Members to visit the
classrooms, because it would mean a great deal to teachers and to
students. He commended Superintendent Harris for his cooperation
in the budget process, as well as other avenues of cooperation.
The Mayor addressed the matter of teen pregnancy which is a
serious issue, and because teen pregnancy is associated with
poverty, it is an issue that is compounded due to the concentration
of disadvantaged persons in the City of Roanoke. He called
attention to the City's past success in addressing the homeless
situation through appointment of the City Manager's Task Force on
Homelessness and, with that type of format in mind, he requested
the concurrence of Council and the School Board in asking the City
Manager to appoint a task force to deal with the issue of teenage
pregnancy.
Mr. Musser moved that the City Manager be requested to appoint
a task force to study the matter of teenage pregnancy. The motion
was seconded by Mr. Edwards.
The City Manager advised that there appears to be a growing
desire and readiness in the community to deal with the issue of
teen pregnancy and requested the opportunity to present a timetable
to Council at a later date. He stated that teen pregnancy is not
Just a Roanoke City Government issue or a School Board issue, but
a community issue which needs to be brought to the table in a
forthright manner, and the community should be challenged and given
the resources to address the problem.
The motion offered by Mr. Musser, seconded by Mr. Edwards was
adopted.
Reverend Harris advised that the Inner-Faith Ministers
Conference has corresponded with the Council and with the City
Manager endorsing a community based task force which is an
indication that the community is ready to embrace some type of
action in the area of teen pregnancy, and religious leaders have
extended their hand in an effort to be involved.
Reverend Harris moved that the School Board endorse the
appointment of a task force to deal with the issue of teenage
pregnancy. The motion was seconded by Ms. O'Netl and unanimously
adopted.
335
Ms. O'Neil suggested that the task force study not only
teenage mothers, but teenage fathers as well, because all too
frequently the focus seems to be on teenage women.
There being no further business, the Mayor and Chairperson
declared the Joint meeting of the Roanoke City Council and the
Roanoke City School Board adjourned at 1:50 p.m.
APPROVED
ATTE ST:
City Clerk
Mayor
336
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
December 20, 1993
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, December 20,
1993, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Elizabeth T. Bowles, John S.
Edwards, James G. Harvey, II, Delvis O. McCadden, Howard E. Musser,
and Mayor David A. Bowers 6.
ABSENT: Council Member William White, Sr.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wllburn C. Dibling, Jr., City
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Troy B.
Webb, Pastor, Glad Tidings Assembly of God.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
PARKS AND RECREATION-COMMITTEES-ACTS OF
ACKNOWLEDGEMENT: Pursuant to a communication under date
of November 29, 1993, M. Carl Andrews having submitted
his resignation as Chairperson of the Mill Mountain
Development Committee, Mr. Musser offered the following
resolution recognizing the meritorious service rendered
to the City by Mr. Andrews for approximately 24 years:
(#31809-122093) A RESOLUTION recognizing the
meritorious services rendered to the City by M. Carl
Andrews.
(For full text of Resolution, see Resolution Book No. 55,
page 478.)
ACTION:
Mr. Musser moved the adoption of Resolution No.
31809-122093. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
337
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None 0.
(Council Member White was absent.)
The Mayor presented Mr. Andrews with a framed copy
of the abovereferenced resolution, a pewter cup with the
Roanoke City Seal engraved thereon; and he presented Mrs.
Andrews with a crystal star which is symbolic of the star
on Mill Mountain.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Counc~!; and a
matter with regard to actual litigation, being a tort
suit filed against the City in the Circuit Court for the
City of Roanoke.
AUDIT COMMITTEE-MUNICIPAL AUDITOR:
meeting of the Audit Committee held
December 13, 1993, was before Council.
Minutes of a
on Monday,
The following matters were considered by the Audit
Committee:
KPMG Peat Marwick June 30, 1993 Final Reports:
Evaluation of Municipal Audit
Department
Letter of Recommendation
Procedures and Controls
on
Comparative Report Transmittal Forms
Clerk of Circuit Court - Pooled
Trust Fund
Control Evaluations - Real Estate Valuation
338
ACTION:
Substantive Testing - Personal Property
Billing
City-wide Administrative Procedures
Police Property Room
Police Vice Funds
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the minutes be received and
filed. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers- 6.
NAYS: None -0.
(Council Member White was absent.)
BUDGET-SCHOOLS: A report of the City Manager
recommending approval of the following proposed schedule
for the fiscal year 1994-95 budget study process, was
before Council.
DATE and TIME
BUDGET PREPARATION ACTIVITIES
April 18, 1994
Public presentation of fiscal
year 1994-95 recommended budget
to City Council by the City
Manager.
April 18, 1994
Advertisements of public
hearings on recommended budget
and tax rates appear in
newspapers.
April 25, 1994
Public hearings on recommended
budget and tax rates - Civic
Center Exhibit Hall (7:00 p.m.)
May 4 - 6, 1994
City Council budget study work
sessions.
339
ACTION:
ACTION:
May 9, 1994
City Council adopts General
Fund, Special Revenue Fund -
Schools and Proprietary Fund
budgets and approves an annual
appropriation ordinance.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None,
(Council Member White was absent.)
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. McCadden and adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers- 6.
NAYS: None
®
(Council Member White was absent.)
COUNCIL: A report of the City Attorney requesting
that Council meet in Executive Session to discuss a
matter with regard to actual litigation, being a tort
34O
ACTION:
suit filed 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.)
Mrs. Bowles moved that Council concur in the request
of the City Attorney to convene in Executive Session to
discuss a matter with regard to actual litigation, being
a tort suit filed 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. McCadden and adopted by the following
vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers -6.
NAYS: None 0.
(Council Member White was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TOTAL ACTION AGAINST POVERTY: E. Cabell Brand,
President, Total Action Against Poverty in the Roanoke
Valley, appeared before Council and read a prepared
statement in connection with the services provided by TAP
to City of Roanoke low income residents during fiscal
year 1992-93, which encompassed the following programs:
Children and Youth Programs:
Headstart
Comprehensive Health Investment Project
Summer Youth Employment Program
Project Discovery
Drama Camp
Drug Elimination
Adult Literacy and Employment Training:
Literacy
General Education Development
Vocational Education
Weatherization Rehab and Repair
SHARE - HIP
HUD Counseling
341
Crime Prevention:
VA. Cares - TAP Offender Services
Family Counseling
High Risk Drug Prevention
Women's Resource Center
Transitional Living Center
Southwest Virginia Second Harvest Food Bank
(See statement on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that
Mr. Brand's statement would be received and filed.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
POLICE DEPARTMENT-TRAFFIC-CITY EMPLOYEES: The
Director of Public Safety advised that the Traffic Bureau
of the Police Department plays an important role in
improving traffic safety in the City of Roanoke. He
stated that the Traffic Bureau is responsible for
monitoring the timed parking spaces in downtown Roanoke
to insure parking turnover, and enforces vehicular street
speed, as well as many other functions to enforce strong
traffic safety. He introduced Lt. Rame¥ A. Bower, the
officer in charge of insuring efficient operation of the
Traffic Bureau, to present an oral briefing.
Lt. Bower advised that nothing can affect more
people at any given time than the movement of traffic,
and the objective of the Traffic Bureau is to facilitate
the safe and expeditious flow of vehicular, pedestrian
and bicycle traffic on the approximately 500 miles of
City streets. He stated that the City of Roanoke is
unique in that natural and man-made barriers, such as
rivers, railroad tracks, a mountain, and 99 bridges
somewhat determine the City's network of roads and
expressways which are a major factor in traffic movement.
He further stated that congestion usually occurs during
morning and afternoon rush hours and during special
events, such as Festival In The Park, Civic Center
activities, and Victory Stadium events, etc. On a daily
basis, he advised that over 31,000 licensed drivers live
342
and work within the City limits; that approximately
13,690+ drivers commute from the City to other
Jurisdictions on a daily basis, and over 40,200 drivers
commute to the City from other Jurisdictions on a daily
basis which means that at any given time that there could
be over 85,000 moving vehicles on City streets, and these
figures do not include unemployed drivers or student
drivers; and there are over 69,000 licensed drivers and
79,000 registered vehicles in the City of Roanoke.
Lt. Bower explained that some of the
responsibilities of the Traffic Bureau include planning
and employment of personnel for specific tasks,
controlling special events, parades and emergencies,
analysis of data to identify and alleviate existing and
potential problem areas, coordination with other Valley
Jurisdictions, departments within City Government and
other agencies, technical accident investigations,
respond to in excess of 300 accidents per month,
investigation of approximately 900 hit-and-run accidents
per year, radar monitoring (approximately 300 - 500 radar
speeding tickets are issued per month), issuance of over
600 hazardous moving violations per month, parking
enforcement leading to fair and equitable use of onstreet
parking (approximately 1,800 parking tickets are issued
per month), oversee the City's impoundment lot (300 - 400
cars are impounded per year), conduct auction sales to
reduce inventory of unclaimed vehicles, collection of
certain fees (towing and related storage, inspections,
and coins from all parking meters generates $4,000.00 to
$5,000.00 per month), supervision of 15 crossing guards
at 18 school locations, serve court processed papers,
employ certified personnel to teach safety education
courses at the Police Academy, active involvement with
local, state and national Safety Councils, recipient of
awards for pedestrian safety and seat belt campaigns, and
Roanoke City was the first Police DepartmeRt in southwest
Virginia to become involved in the Division of Motor
Vehicles Habitual Offender Identification Program. He
stated that it is a rare occasion when traffic congestion
in the City of Roanoke lasts longer than 30 to 40
minutes, which is considered to be a short and efficient
period for a city the size of Roanoke.
Sgt. James R. Ratcliffe advised that during the last
year the Traffic Department investigated 47 homicides and
31 traffic fatalities involving 34 deaths, with over
2,000 individuals having been transported to the hospital
due to traffic accidents; that over 6,000 investigations
of burglaries and robberies were conducted, and 22,000
traffic accidents were investigated, for an economic loss
343
to the City of over $3 million as a result of burglaries
and robberies, and over $37 million as a result of
traffic accidents. He stated that compared to all other
activities under the Jurisdiction of the Police
Department for investigation, more people are injured or
killed in automobile accidents than in any other manner,
and the economic loss from automobile accidents is
greater than all other losses that the Police Department
is charged with preventing. He explained that
enforcement is a program that is intended to reduce
traffic accidents; that a goal of the Police Department
is to remove the drunk or impaired driver from the
roadway; that since 1985, 45 of the 84 fatalities have
involved alcohol-impaired drivers, and 32 of the 45
fatalities were under the age of 40, and to date, there
have been four traffic-related accident deaths in the
City of Roanoke, all under the age of 30. As a result,
he stated that the Traffic Bureau applied for and was
awarded a grant, in the amount of $30,000.00, from the
Division of Motor Vehicles, which is the largest grant of
its type to be awarded in southwest Virginia, to be used
for DUI enforcement which will assist in adding officers
and manpower to the streets for DUI enforcement, for
sobriety checkpoints and for DUI community awareness. He
further stated that since the grant was placed into
action on November 13, 1993, 43 drunk drivers have been
removed from the City's streets, and 162 enforcement
actions have occurred. He advised that through use of
the grant for DUI enforcement, the Traffic Department
hopes to reduce traffic accidents, to reduce the loss of
life and injuries as a result of traffic accidents, to
reduce economic loss, and to reduce the number of
impaired drivers in alcohol-related traffic accidents.
Without objection by Council, the Mayor expressed
appreciation for the briefing and advised that the
remarks of Lt. Bower and Sgt. Ratcliffe would be received
and filed.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-FIRE DEPARTMENT-EMERGENCY MEDICAL
SERVICES-CMERP: The City Manager submitted a written
report with regard to Fire Department EMS First Responder
Programs which have been implemented at Fire Stations 4
(Deyerle Road) and 11 (Garden City) area, Fire Station 14
(460 East), Fire Station 13 (Peters Creek Road) and Fire
Station 2 (Noble Avenue), advising that response times
have been improved to medical emergencies in the
abovedescribed areas by as much as three to four minutes;
and a 50/50 grant has been requested from and approved by
from the Commonwealth of Virginia, Department of Health,
Division of Emergency Medical Services, Rescue Squad
Assistance Fund, to purchase three additional automatic
defibrillators and nine sets of medical equipment which
will enhance the First Responder Program.
It was further advised that four of the City's 13
engine companies are equipped with the required medical
equipment to provide emergency medical services first
response; that the level of service is not consistently
being provided City-wide, with citizens residing in the
Peters Creek, Deyerle Road, Garden City and Route 460
areas receiving a higher level of service; that response
times to medical emergencies are dependent on ambulance
availability; that extended response times occur to life
threatening emergencies when first due ambulance is out-
of-service on another emergency call; that specialized
medical equipment is required by the Virginia Office of
Emergency Medical Services for fire engines to prove EMS
first response; that a Rescue Squad Assistance Fund 50/50
(RSAF) Grant has been received, in the amount of
$13,802.00, to purchase three automatic defibrillators at
$10,493.00, and nine sets of medical equipment, at
$3,309.00; that the Rescue Squad Assistance Fund
reimburses agencies based on actual expenditures; and
matching funds, in the amount of $13,802.00, are
available through the Capital Maintenance and Equipment
Replacement Program.
The City Manager recommended that Council authorize
the following actions:
adopt a resolution accepting the Rescue Squad
Assistance Fund 50/50 Grant from the
Commonwealth of Virginia, Department of
Health, Division of Emergency Medical Services
Rescue Squad Assistance Fund;
appropriate State funds, In the amount of
$10,493.00, to Grant Fund Account No. 035-050-
3340-9015 and appropriate $3,309.00 to Grant
Fund Account No. 035-050-3340-2035, and
increase the Grant Fund revenue estimate by
$13,802.00; and
345
ACTION:
ACTION:
appropriate local matching funds from General
Fund, CMERP, in the amount of $10,493.00 to
Grant Fund Account No. 035-050-3340-9015 and
$3,309.00 to Grant Fund Account No. 035-050-
3340-2035.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31810-122093) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General and Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 479.)
!
Mrs. Bowles moved the adoption of Ordinance No.
31810-122093. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None-- 0.
(Council Member White was absent.)
Mrs. Bowles offered the following resolution:
(#31811-122093) A RESOLUTION accepting a certain
Rescue Squad Assistance Fund Grant offer made to the City
by the Department of. Health of the Commonwealth of
Virginia and authorizing execution of any required
documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 55,
page 481.)
Mrs. Bowles moved the adoption of Resolution No.
31811-122093. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers- 6.
NAYS: None
Oe
(Council Member White was absent.)
346
BUDGET-POLICE DEPARTMENT-HEALTH DEPARTMENT-CITY
NURSING HOME-GENERALDISTRICT COURT-PARKS AND RECREATION-
HUMAN DEVELOPMENT-COUNCIL-REFUSE COLLECTION-PLANNING-
CIRCUIT COURT-COMMUNICATIONS DEPARTMENT-CMERP-MANAGEMENT
AND BUDGET-EMERGENCY MEDICAL SERVICES-EQUIPMENT: The
City Manager submitted a written report advising that
Capital Maintenance and Equipment Replacement needs have
been identified for various departments, and certain
identified items are needed for the continued efficient
and most effective performance of assigned duties and
responsibilities of the various City departments; that
single purchases, which will cost less than $15,000.00,
will be procured through the competitive bid process as
set forth in the Procurement Code; and Council's
appropriation of funds is necessary to provide for
purchase of certain equipment totalling $207,922.00.
The City Manager recommended that Council
appropriate $207,922.00 from the Capital Maintenance and
Equipment Replacement Program to various departmental
accounts, as follows:
Capital Maintenance and
Proqram:
Equipment Replacement
$7,865.00 to Clerk of Circuit Court, Account
No. 001-072-2110-9015
$1,219.00 to City Council, Account No. 001-
001-1110-9015
$15,000.00 to Communications
Account No. 001-050-4130-9015
Department,
$10,070.00 to Emergency Medical Services,
Account No. 001-050-3521-9015
$1,281.00 to Emergency Medical
Account No. 001-050-3521-9015
Services,
$7,200.00 to Emergency Medical
Account No. 001-050-3521-2064
Services,
$5,672.00 to General District Court, Account
No. 001-070-2120-9005
$10,100.00 to Health Department, Account No.
001-054-5110-9015
$21,040.00 to Parks Maintenance, Account No.
001-052-4340-9015
347
$8,000.00 to Parks Maintenance, Account No.
001-052-4340-3005
$25,000.00 to Planning Department, Account No.
001-052-8110-2010
$13,277.00 to Police Department, Account No.
001-050-3113-9015
$7,930.00 to Police Department, Account No.
001-050-3113-2044
$6,568.00 to Parks Maintenance, Account No.
001-052-7110-2066
$3,416.00 to Recreation, Account No. 001-052-
7110-2066
$1,400.00 to Social Services, Account No. 001-
054-5311-9015
$2,000.00 to Solid Waste Management, Account
No. 001-052-4210-9015
$34,633.00 to Contributions, Account No. 001-
002-7220-3710
Man~ment Services Fund Prior Year Retained
Earnings:
$7,373.00 to Management Services, Account No.
015-002-1618-9015
$400.00 to Management Services, Account No.
015-002-1617-2030
City Information Services Fund Prior Year
Retained Earnings:
$13,443.00 to City Information Services,
Account No. 013-052-1602-9015
$465.00 to City Information Services, Account
No. 013-052-1601-9015
$1,900.00 to Nursing Home, Account No. 609-
054-5340-2035
348
ACTION:
$2,720.00 to Nursing Home, Account No. 009-
054-5340-9015
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31812-122093) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General, Nursing Home,
City Information Services and Management Services Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 481.)
Mr. Harvey moved the adoption of Ordinance No.
31812-122093. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None 0.
(Council Member White was absent.)
CONSULTANTS REPORTS-CITY JAIL: The City Manager
submitted a written report advising that Advertisement of
Public Notice to seek architectural/engineering services
for the Roanoke City Jail Expansion project was properly
advertised on Thursday, February 18, 1993; and Requests
for Proposals were requested by six firms, however, only
one firm, Hayes, ieay, Mattern and Mattern, Inc.,
submitted a proposal.
It was further advised that in mid-March 1993, the
City was notified by the Virginia Department of
Corrections that the standards for Design and
Construction of Jail Facilities and Lock-Ups were being
modified; that five different cell size preliminary
studies were completed before the Virginia Department of
Corrections would approve the Planning Study and the
Needs Assessment as submitted by the City Sheriff; and
approval by the State is essential in order to receive
the commitment from the Department of Corrections for its
portion of project funding of $1,913,940.00.
349
ACTION:
It was explained that the project consists of
incorporation of the alley between the Jail and the
DataSafe Building, the remodeling of the DataSafe and
Miller/Morgan Buildings, and an addition to the
Miller/Morgan Building; that additional cells will be for
two inmates with the cell area meeting the new
requirements of the Department of Corrections, four and
six inmate cells, and dormitory spaces for some trustees;
and where practical, cells will be double-bunked, which
will bring the additional capacity of the new areas to
approximately 300 inmates.
The City Manager recommended that Council award a
full service architectural/engineering contract to Hayes,
Seay, Mattern & Mattern, Inc., for design, construction
documents and contract administration, including periodic
inspections of construction for the lump sum fee of
$543,000.00; that the City Manager be authorized to
execute an architectural/engineering services contract,
in a form to be approved by the City Attorney with Hayes,
Sexy, Mattern & Mattern, Inc.; and authorize the Director
of Finance to encumber the following in City Jail
Expansion, Account No. 008-052-9685-9001:
Architectural/Engineering Fee
Additional Services
Reimbursable Expenses
$530,000.00
9,000.00
4r000.00
Total $543,000.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31813-122093) A RESOLUTION authorizing the
execution of an agreement with Hayes, Seay, Mattern &
Mattern, Inc., to provide certain architectural and
engineering services, specifically various professional
services in support of the expansion of the Roanoke City
Jail.
(For full text of Resolution, see Resolution Book No. 55,
page 485.)
Mr. Musser moved the adoption of Resolution No.
31813-122093. The motion was seconded by Mr. McCadden
and adopted by the following vote:
350
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers ---6.
NAYS: None 0.
(Council Member White was absent.)
HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH-
CONSULTANTS REPORTS-CITY MARKET-BRIDGES: William F.
Clark, Director of Public Works, presented a report of
the City Manager advising that on March 1, 1993, Council
requested the Virginia Department of Transportation to
program a project for a pedestrian overpass above Norfolk
Southern Railway tracks to connect between the Hotel
Roanoke/Conference Center area and the Historic Market
area; that Council authorized the City Manager to execute
an agreement with the Virginia Department of
Transportation (VDOT) by which the City will administer
the preliminary engineering phase of the project; and the
City has an agreement with Hayes, Seay, Mattern &
Mattern, Inc., to prepare necessary engineering plans and
specifications in cooperation with YDOT.
Mr. Clark explained that a public participation
process was used in developing the consensus plan as
shown on drawings attached to the report; that downtown
business leaders, hotel developers and others with an
interest in the design and appearance of the bridge were
invited to meetings which were held on August 10,
September 30 and December 16, 1993, to share their ideas
on location, function and design; that alignment of the
bridge as set forth in drawings attached to the report
represents a compromise between direct connection to the
Hotel Roanoke and to the Conference Center which also
preserves certain viewsheds between the Hotel and the
downtown area; that the northern terminus of the bridge
ends in a structure that replicates design features of
the Hotel Roanoke, and then proceeds along the curved
sidewalk of the entrance/courtyard beneath an open-air,
covered structure; and the southern terminus ends in the
grassed plaza area adjacent to the First Union Tower
Parking Garage and impacts an area smaller than was first
believed necessary, thereby preserving most of this area
for downtown events.
The Director of Public Works advised that following
a presentation of the recommendations of Hayes, Seay,
Mattern & Mattern, Inc., and a satisfactory response to
questions raised by Members of Council, Council would be
351
requested to concur in the alignment and terminus points
of the project which will enable design details to
proceed.
Timothy L. Jamieson, representing the firm of Hayes,
Seay, Mattern & Mattern, Inc., presented slides of the
proposed alignment.
Following the presentation of slides, the City
Manager recommended that Council concur in the selected
alignment and terminus points, thereby enabling Hayes,
Seay, Mattern & Mattern to proceed with detailed project
design, advising that alignment and terminus points as
presented on drawings attached to his report, by
consensus of the downtown community, provide an
acceptable means of moving pedestrians between the Hotel
Roanoke/ Conference Center area and the Historic Market
area; that design details of the bridge can proceed to be
developed by Hayes, Seay, Mattern & Mattern; that timing
on the opening of the bridge for pedestrian use is
anticipated to occur as early as the spring of 1995; and
cost of project construction is estimated at $2 million
which ts proposed to be shared 98 per cent by the
Virginia Department of Transportation and two per cent by
the City for project eligible expenses; and there may be
some project enhancement expenses that will be 100 per
cent City responsibility which will be determined as
design details further develop.
(See report and attachments on file in the City Clerk's
Office.)
Mr. Edwards inquired as to why the Conference Center
will be constructed on the west side of the Hotel as
opposed to the east side; whereupon, the City Manager
advised that the critical reasons were related to
parking, that if construction had taken place on the east
side of the Hotel, costs in the range of $6 - $10 million
in parking structures would have been necessary, along
with the necessity of having two distinct kitchens. He
added that there were other less driving issues of
concern.
Mr. Harvey expressed concern that the proposed
pedestrian walkway is not completely enclosed, and
inquired if plans could be incorporated in the design
details to provide for full enclosure of the pedestrian
walkway if Council so desires at a future date;
whereupon, Mr. Jamieson advised that it will be necessary
to prepare plans and submit a recommendation for approval
at a later date.
352
Mr. Edwards moved that Council concur in the
recommendation of the City Manager, as more fully set
forth in his report, including attachments, under date of
December 20, 1993. The motion was seconded by Mr. Harvey
and adopted.
HOUSING/AUTHORITY-GRANTS-PLANNING: The City Manager
submitted a written report with regard to the proposed
Comprehensive Housing Affordability Strategy (CHAS) --
October 1, 1993 through September 30, 1998, advising that
Council was briefed at its meeting on Monday,
December 13, 1993, by the City's Housing Development
Coordinator, and several Members of Council expressed
concern that without complementary efforts by neighboring
Jurisdictions, the efforts of central cities, like
Roanoke, to provide affordable housing may have the
indirect effect of actually increasing the concentration
and segregation of low-income, high-need households.
Mr. Herbert referred to his correspondence addressed
to the Acting Manager of the U. S. Department of Housing
and Urban Development under date of December 15, 1993,
expressing the City's concern with provisions of the
Cranston-Gonzales National Affordable Housing Act of 1990
which require entitlement communities, such as Roanoke to
prepare a CHAS as a condition of receiving funding from
the Community Development Block Grant program and several
other Federal and community development and housing
programs. Me advised that the City of Roanoke believes
that the concentration of low and moderate income
residents in central cities is a local, state and
national concern which is compounded by the current CHAS
planning requirement which falls short of requiring the
development of a regional strategy or plan to address
what is a metropolitan or regional problem.
The City Manager pointed out the many central cities
and other entitlement communities already provide the
majority of the affordable housing units available in
their metropolitan area and surrounding regions; and
ironically, the diligent efforts of central cities like
Roanoke to address its housing and community development
needs, without complementary efforts by their neighbors,
may have the indirect effect of actually increasing the
concentration of segregation of low-income, high-need
households within those cities.
The City Manager advised that more thought and
consideration needs to be given to requiring localities
which are non-entitlement communities to assist in
meeting housing needs of low and moderate income
353
citizens; that affordable housing, like other national
problems of high crime rates, deteriorating housing and
increasing poverty, cannot be solved by simply asking
central cities and other entitlement communities to work
harder; and a comprehensive solution to meeting the needs
for affordable housing can only be achieved by a unified
effort that recognizes the inter-relationships of inner
cities and their surrounding metropolitan areas and
regions.
(For full text, see communication on file in the City
Clerk's Office.
The City Manager explained that the basic findings
of the draft CHAS is that emphasis should be focused on
the following areas:
diversity and balance
homeownership opportunities
coordination of resources
homeownership maintenance
rental maintenance and appropriateness
rental assistance
regulatory/public policy issues
homeless persons
special populations
It was further explained that philosophy and general
policies recommended by CHAS are:
Appropriate diversity and balance of housing
types and population are healthy for the City,
its neighborhoods and its citizens.
Housing must be viewed in the perspective of
all other aspects of the City; e.g., economic
development, neighborhood stability,
transportation, schools, zoning, etc.
Reinforce the strength and
residential neighborhoods.
identity of
As with all people, expect low to moderate-
income citizens and recipients of subsidies to
want to help themselves and move toward self-
sufficiency. The City's limited resources and
subsidies should be used to motivate and
encourage this.
354
ACTION:
ACTION:
Architectural quality and innovative design
should be stressed in new developments and
major rehabilitation project.
The Code of the City forbids any person from
discriminating against another person on the
basis of race, color, religion, national
origin, age, sex, handicap or familial status,
in matters of housing and real estate.
The City Manager recommended that Council approve
the Comprehensive Housing Affordabllity Strategy and
forward the document to the Department of Housing and
Urban Development by December 31, 1993.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31814-122093) A RESOLUTION approving and adopting
a Comprehensive Housing Affordability Strategy, dated
December 16, 1993, for the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 55,
page 485.)
Mr. Musser moved the adoption of Resolution No.
31814-122093. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None 0.
(Council Member White was absent.)
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance
submitted the financial report for the City of Roanoke
for the month of November, 1993.
(For full text, see financial report on file in the City
Clerk's Office.)
Mr. Harvey moved that the financial report be
received and filed. The motion was seconded by Mr.
McCadden and unanimously adopted.
355
ACTION=
REPORTS OF COMMITTEES:
LEGISLATION-CITY CHARTER-COUNCIL-SCHOOLS-DIRECTOR OF
FINANCE-CITY TREASURER-ZONING-CO~4ITTEES: Council Member
William White, Sr., Chairperson of the Legislative
Affairs Committee, presented a written report on behalf
of the Committee, advising that on November 29, 1993,
City Council's Legislative Affairs committee met to
review the proposed 1994 Legislative Program as prepared
by the City Attorney; and after careful review, the
Committee approved the Program and recommended that
Council adopt a resolution endorsing the Program and
commending same to the City's delegation to the 1994
Session of the General Assembly.
It was explained that the Policy Statements again
highlight the plight of the Commonwealth's central cities
and request that the General Assembly address the
critical issue; that the paramount issue included in the
Legislative Proposals is that the City Council and the
School Board request the Commonwealth to provide more
equitable funding for the City's School Division; and a
proposed City Charter amendment clarifies the authorities
of the Director of Finance in the collection of
delinquent real estate taxes, and provides for staggered
terms of office for members of the City's Board of Zoning
appeals.
(For full text, see report and 1994 Legislative Program
on file in the City Clerk's Office.)
Mr. Edwards offered the following resolution:
(#31815-122093) A RESOLUTION adopting and endorsing
a Legislative Program for the City to be presented to the
City's delegation to the 1994 Session of the General
Assembly.
(For full text of Resolution, see Resolution Book No. 55,
page 487.)
Mr. Edwards moved the adoption of Resolution No.
31815-122093. The motion was seconded by Mr. Harvey and
adopted by the following vote:
356
ACTION:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None O.
(Council Member White was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
STREETS ANDALLEYS: Ordinance No. 31777 permanently
vacating, discontinuing and closing a 100 foot portion of
Maddock Avenue, N. W., lying west of Williamson Road,
located between lots bearing Official Tax Nos. 3080904
and 3080905 on the south, and Official Tax Nos. 3080815
and 3080816 on the north, having previously been before
the Council for its first reading on Monday, December 13,
1993, 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:
(#31777-122093) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 54,
page 453.)
Mrs. Bowles moved the adoption of Ordinance No.
31777-122093. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None 0.
(Council Member White was absent.)
ZONING: Ordinance No. 31778 rezoning a tract of
land located on the north side of Maddock Avenue, N. W.,
designated as Official Tax Nos. 3080815, 3080816 and
3080817, and a tract of land located on the south side of
Noble Avenue, N. W., designated as Official Tax No.
3080807, from RM-1, Residential Multi-family, Low Density
District, to C-2, General Commercial District, having
previously been before the Council for its first reading
on Monday, December 13, 1993, read and adopted on its
357
,!
ACTION=
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first reading and laid over, was again before the body,
Mr. Harvey offering the following for its second reading
and final adoption:
(#31778-122093) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 308, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 54,
page 456.)
Mr. Harvey moved the adoption of Ordinance No.
31778-122093. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers -6.
NAYS: None
(Council Member White was absent.)
STREETS ANDALLEYS: Ordinance No. 31779 permanently
vacating, discontinuing and closing two alleys described
as follows: Alley No. One, a 275 foot portion of an
alley as it extends from Shenandoah Avenue to Centre
Avenue, N. W.; and Alley No. Two, a 260 foot portion of
an alley extending from the easterly right-of-way
boundary of Alley No. One to the property line dividing
Official Tax Nos. 2310710 and 2310711, having previously
been before the Council for its first reading on Monday,
December 13, 1993, read and adopted on its first reading
and laid over, was again before the body, Mr. McCadden
offering the following for its second reading and final
adoption:
(#31779-122093) 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. 54,
page 458.)
Mr. McCadden moved the adoption of Ordinance No.
31779-122093. The motion was seconded by Mr. Musser and
adopted by the following vote:
358
ACTION:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers -6.
NAYS: None 0.
(Council Member White was absent.)
ZONING: Ordinance No. 31780 rezoning a tract of
land located on Thirlane Road at Interstate 581,
containing 9.9 acres, identified as Official Tax No.
6530101, from C-2, General Commercial District, to LM,
Light Manufacturing District, subject to certain
conditions proffered by the petitioners, having
previously been before the Council for its first reading
on Monday, December 13, 1993, read and adopted on its
first reading and laid over, was again before the body,
Mr. McCadden offering the following for its second
reading and final adoption:
(#31780-122093) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 653, 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. 54,
page 460.)
Mr. McCadden moved the adoption of Ordinance No.
31780-122093. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None 0.
(Council Member White was absent.)
ANNEXATION/CONSOLIDATION: Ordinance No. 31781
adopting and authorizing the Mayor of the City of Roanoke
to execute an Agreement between the Town of Vlnton, the
County of Roanoke, and the City of Roanoke relating to
the boundary line between said governmental entities, and
directing that certain other actions relating to such
boundary line be taken, having previously been before the
Council for its first reading on Monday, December 13,
1993, 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:
359
ACTION:
(#31781-122093) AN ORDINANCE adopting and
authorizing the Mayor of the City of Roanoke to execute
an Agreement between the Town of Vinton, the County of
Roanoke, and the City of Roanoke relating to the boundary
line between said governmental entities, and directing
that certain other actions relating to such boundary line
be taken.
(For full text of Ordinance, see Ordinance Book No. 54,
page 461.)
Mrs. Bowles moved the adoption of Ordinance No.
31781-122093. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers- 6.
NAYS: None
e
(Council Member White was absent.)
BONDS/BOND ISSUES-SEWERS AND STORM DRAINS-CAPITAL
IMPROVEMENTS PROGRAM-WATER RESOURCES:: Ordinance No.
31782 authorizing issuance of $15.7 million principal
amount of general obligation bonds of the City of
Roanoke, Virginia, for the purpose of providing funds to
defray the cost of capital improvements to the sewer
system owned and operated by the City; fixing the form,
denomination and certain other details of such bonds;
providing for the sale of such bonds; and authorizing and
providing for issuance and sale of a like principal
amount of general obligation public improvement bond
anticipation notes in anticipation of issuance and sale
of such bonds, having previously been before the Council
for its first reading on Monday, December 13, 1993, 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:
(#31782-122093) AN ORDINANCE authorizing issuance
of $15.7 million principal amount of general obligation
bonds of the City of Roanoke, Virginia, for the purpose
of providing funds to defray the cost of capital
improvements to the sewer system owned and operated by
the City; fixing the form, denomination and certain other
details of such bonds; providing for the sale of such
bonds; and authorizing and providing for issuance and
360
ACTION:
ACTION:
sale of a like principal amount of general obligation
public improvement bond anticipation notes in
anticipation of issuance and sale of such bonds.
(For full text of Ordinance, see Ordinance Book No. 54,
page 463.)
Mrs. Bowles moved the adoption of Ordinance No.
31782-122093. The motion was seconded by Mr. Edwards and
adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None 0.
(Council Member White was absent.)
BONDS/BOND ISSUES-SEWERS AND STORM DRAINS-CAPITAL
IMPROVEMENTS PROGRAM-WATER RESOURCES: Ordinance No.
31783 establishing a rate schedule for certain sewage
rates and related charges for services provided by the
City, effective March 1, 1994, January 1, 1995, and
January 1, 1996, having previously been before the
Council for its first reading on Monday, December 13,
1993, 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:
(#31783-122093) AN ORDINANCE establishing a rate
schedule for certain sewage rates and related charges for
services provided by the City, effective March 1, 1994,
January 1, 1995, and January 1, 1996.
(For full text of Ordinance, see Ordinance Book No. 54,
page 474.)
Mrs. Bowles moved the adoption of Ordinance No.
31783-122093. The motion was seconded byMr. Edwards and
adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers -6.
NAYS: None 0.
(Council Member White was absent.)
361
ACTION=
CITY PROPERTY-EASEMENTS-APPALACHIAN POWER COMPANY-
iNDUSTRIES-WATER RESOURCES: Ordinance No. 31801
authorizing a certain agreement with Appalachian Power
Company permitting installation of underground power
lines to serve Transkrit and Blue Hills country Club,
said easement being across portions of City-owned
property identified as Official Tax No. 7280102, having
previously been before the Council for its first reading
on Monday, December 13, 1993, 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:
(#31801-122093) AN ORDINANCE authorizing a certain
agreement with Appalachian Power Company permitting
installation of underground power lines across portions
of City-owned property identified by Official Tax No.
7280102.
(For full text of ordinance, see Ordinance Book No. 54,
page 475.)
Mr. Harvey moved the adoption of ordinance No.
31801-122093. The motion was seconded by Mr. Edwards and
adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers
NAYS: None
(council Member White was absent.)
AIRPORT-CITY PROPERTY-SPECIAL PERMITS-WATER
· dinance No. 31802 authorizing the proder
RESOURCES. Or . e a reement between
City officials ~o enter into a leas g .... _ ~
the City and the Hertz Corporation for use o~ Cl%y owneu
property located at 1302 Municipal Road, N. W., for said
maintenance, servicing and storage
Corporation's
facilities, for a five year period, effective December 1,
1993, at an annual rental of $19,000.00, upon certain
terms and conditions, having previously been before the
council for its first reading on Monday, December 13,
1993, read and adopted on its first reading and laid
over, was again before the body, Mr. Edwards offering the
following for its second reading and final adoption:
362
ACTION:
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(#31802-122093) AN ORDINANCE authorizing the proper
City officials to enter into a lease agreement between
the City and Hertz Corporation for use of City-owned
property located at 1302 Municipal Road, N. W., for said
Corporation's maintenance, servicing and storage
facilities, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 475.)
Mr. Edwards moved the adoption of Ordinance No.
31802-122093. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None 0.
(Council Member White was absent.)
SEWERS AND STORM DRAINS-EASEMENTS-WATER RESOURCES:
Ordinance No. 31803 authorizing the vacation of a storm
drain and sanitary sewer easement through property
identified as Official Tax No. 2280511, Lot 12, Block 4,
Map of Floraland, owned by Danny R. Horsley and Mark K.
Clark, said easement to be vacated being more
particularly described in a report of the Water Resources
Committee under date of November 22, 1993, having
previously been before the Council for its first reading
on Monday, December 13, 1993, 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:
(#31803-122093) AN ORDINANCE authorizing the
vacation of a portion of a storm drain and sanitary sewer
easement through property identified by Official Tax No.
2280511 and owned by Danny R. Horsley and Mark K. Clark.
(For full text of Ordinance, see Ordinance Book No. 54,
page 476.)
Mrs. Bowles moved the adoption of Ordinance No.
31803-122093. The motion was seconded by Mr. Edwards and
adopted by the following vote:
363
ACTION=
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None'
(Council Member White was absent.)
EASEMENTS-CITY PROPERTY-WATER RESOURCES-ROANOKE GAS
COMPANY: Ordinance No. 31804 authorizing execution of a
deed of easement granting the Roanoke Gas Company a 20-
foot wide gas pipeline easement at the intersection of
Arbor Avenue and Ivy Street, S. E., and across City-owned
property, identified as Official Tax No. 4150601, upon
certain terms and conditions, as more particularly set
forth in a report of the Water Resources Committee under
date of November 22, 1993, having previously been before
the Council for its first reading on Monday, December 13,
1993, read and adopted on its first reading and laid
over, was again before the body, Mr. Edwards offering the
following for its second reading and final adoption:
(#31804-122093) AN ORDINANCE authorizing the
execution of a deed of easement granting the Roanoke Gas
Company a gas pipeline easement across City-owned
property identified by Official Tax No. 4150601, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 477.)
Mr. Edwards moved the adoption of ordinance No.
31804-122093. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles,
McCadden, Musser and Mayor Bowers
NAYS: None
Edwards, Harvey,
(Council Member White was absent.)
PARKSAND RECREATION-LEAGUE OF OLDER AMERICANS-WATER
RESOURCES: Ordinance No. 31805 authorizing and providing
for the lease by the City of the Villa Heights Recreation
Center, located at 2750 Clifton Avenue, N. W., to the
League of Older Americans Area Agency on Aging, for a
te:~ of five years, from October 1, 1993, through
September 30, 1998, at an annual rental rate of $1.00,
subject to certain terms and conditions, as more fully
set forth in a report of the Water Resources Committee
under date of November 22, 1993, having previously been
364
ACTION:
ACTION=
before the Council for its first reading on Monday,
December 13, 1993, read and adopted on its first reading
and laid over, was again before the body, Mr. McCadden
offering the following for its second reading and final
adoption:
(#31805-122093) AN ORDINANCE authorizing and
providing for the lease by the City of a structure known
as the Villa Heights Recreation Center located at 2750
Clifton Avenue, N. W., to the LOA Area Agency on Aging,
subject to certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 477.)
Mr. McCadden moved the adoption of Ordinance No.
31805-122093. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None
®
(Council Member White was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS: None.
At 4:00 p.m., the Mayor declared the meeting in
recess.
At 4:30 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Member White.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Edwards moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
365
ACTION:
ACTION:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, Musser and Mayor Bowers -6.
NAYS: None
e
(Council Member White was absent.)
OATHS OF OFFICE-COMMITTEES-AIR POLLUTION CONTROL:
The Mayor advised that the four-year term of Versal R.
Dearing as a member of the Advisory and Appeal Board, Air
Pollution Control, will expire on December 31, 1993, and
called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of
Versal R. Dearing.
There being no further nominations, Mr. Dearing was
reelected as a member of the Advisory and Appeal Board,
Air Pollution Control, for a term of four years, ending
December 31, 1997, by the following vote:
FOR MR. DEARING: Council Members Bowles, Edwards,
Harvey, McCadden, Musser and Mayor Bowers 6.
(Council Member White was absent.)
OATHS OF OFFiCE-COMMITTEES-HOUSING/AUTHORITY: The
Mayor advised that there is a vacancy on the City of
Roanoke Redevelopment and Housing Authority, created by
the resignation of Jo Anne B. Justis, for a term ending
August 31, 1995, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of H. B.
Ewert.
There being no further nominations, Mr. Ewert was
elected as a member of the City of Roanoke Redevelopment
and Housing Authority, to fill the unexpired term of
Jo Anne B. Justis, resigned, ending August 31, 1995, by
the following vote:
FOR MR. EWERT: Council Members Bowles, Edwards,
Harvey, McCadden, Musser and Mayor Bowers 6.
(Council Member White was absent.)
OATHS OF OFFICE-COmMITTEES-INDUSTRIES: The Mayor
advised that there is a vacancy on the Economic
Development Commission, created by the resignation of
Robert C. Lawson, for a term ending June 30, 1996, and
called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of J.
Granger Macfarlane.
There being no further nominations, Mr. Macfarlane
was elected as a member of the Economic Development
Commission, for a term ending June 30, 1996, by the
following vote:
ACTION: FOR MR. MACFARLANE: Council Members Bowles,
Edwards, Harvey, McCadden, Musser and Mayor Bowers .... 6.
(Council Member White was absent.)
There being no further business, the Mayor declared the
meeting adjourned at 4:35 p.m.
APPROVED
ATTE ST:
City Clerk
Mayor
367
ROANOKE CITY COUNCIL
ROANOKE CITY SCHOOL BOARD
January 3, 1994
11:30 a.m.
A joint meeting of the Roanoke City Council and the Roanoke
City School Board was called to order by Mayor David A. Bowers and
Chairperson Charles W. Day on Monday, January 3, 1994, at 11:30
a.m., in the City Council's Conference Room, fourth floor of the
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
Mayor Bowers and Chairperson Day presiding.
COUNCIL MEMBERS PRESENT: John S. Edwards, James G. Harvey,
II, Delvis O. McCadden, Howard E. Musser (arrived at 11:55 a.m.,
William White, Sr., and Mayor David A. Bowers- 6.
COUNCIL MEMBERS ABSENT: Elizabeth T. Bowles
SCHOOL BOARD MEMBERS PRESENT: Marilyn L. Curtis, C. Nelson
Harris, M. Wendy O'Neil, Clubert G. Poff, James M. Turner, Jr., and
Chairperson Charles W. Day 6.
SCHOOL BOARD MEMBERS ABSENT: Finn D. Pincus
OTHERS PRESENT: The Honorable A. Victor Thomas, Member, House
of Delegates; The Honorable H. Morgan Griffith, Member-Elect, House
of Delegates; The Honorable Malfourd W. Trumbo, Member, Senate of
Virginia; James Echols, Legislative Aide to The Honorable
C. Richard Cranwell, Member, House of Delegates; Leighton Roper,
Legislative Aide to The Honorable Clifton A. Woodrum, III, Member,
House of Delegates; Gordon Dixon, Legislative Aide to The Honorable
Brandon Bell, Senate of Virginia; W. Robert Herbert, City Manager;
James D. Ritchie, Sr., Assistant City Manager; Wllburn C. Dlbling,
Jr., City Attorney; James D. Grisso, Director of Finance; Mary F.
Parker, City Clerk; Robert H. Bird, Municipal Auditor; Willard N.
Claytor, Director, Real Estate Valuation; E. Wayne Harris,
Superintendent, Roanoke City Schools; Richard L. Kelley, Assistant
Superintendent for Operations, Roanoke City Schools; June S.
Nolle¥, Clerk of the Roanoke City School Board.
The meeting was opened with a prayer by The Reverend C. Nelson
Harris.
LEGISLATION-SCHOOLS-CHARTER: The Mayor advised that ti%e
purpose of the meeting was to review the 1994 Legislative Program
of the City of Roanoke, pursuant to the following communication:
368
"December 30, 1993
The Honorable Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the City
Charter, I am calling a special meeting of the Roanoke
City Council with the Roanoke City School Board and the
City's delegation to the 1994 Session of the Virginia
General Assembly on Monday, January 3, 1994, at 11:30
a.m., in the City Council's Conference Room. Also
attending will be the Honorable Morgan H. Griffith,
Member-Elect of the House of Delegates, and the Honorable
Malfourd W. Trumbo, Member of the Senate of Virginia.
The purpose of the meeting will be to discuss the City's
1994 Legislative Program. Following the meeting, lunch
will be served in Room 306, Municipal North.
Best personal regards.
Sincerely,
S/David A. Bowers
David A. Bowers
Mayor"
The Mayor and Chairperson extended a cordial welcome to all
persons in attendance and expressed appreciation for taking time
out of their busy schedules to attend the meeting which is held on
an annual basis.
Mr. Day advised that it was his pleasure to serve as Chairman
of a School Board that is blessed with a group of Council Members
and Legislators who are pro-education, all working together for the
betterment of Roanoke's children to insure a stable future in
changing times.
The Mayor advised that the Legislative Program is orchestrated
by the City Attorney each year and represents a process that covers
several years. He stated that specific items of interest to the
City and the Schools are included in the Legislative Program each
year, some of which are deleted as the General Assembly convenes
and acts; however, some items are carried over from year to year.
He pointed out that Council approved the 1994 Legislative Program
at its regular meeting on Monday, December 20, 1993.
369
POLICY STATEMENTS:
Special Needs of Central Cities Without Annexation Power:
Mr. Harvey referred to newspaper articles during the past year
in connection with problems experienced by the City of Roanoke, as
well as any core city in the Commonwealth of Virginia that lacks
the power to annex. He advised that the time will come when cities
will reach the point where they "hit a blank wall" and will not
have any choice other than to raise taxes or cut services;
whereupon, he requested that the following facts be taken into
consideration:
The City has over 4,110 subsidized housing units while
Roanoke County and Salem have only 198 and 216,
respectively.
The City's elderly population is at 22 per cent and
increasing.
Twenty-Three per cent of the City's population is below
the age of 19, meaning that nearly 45 per cent of the
City's population are consumers of governmental services
with little ability to pay for these services.
By 1991, 52 per cent of children in the City Public
School System came from economically deprived homes (up
from 15.8 per cent in 1980).
Mr. Harvey advised that if the central cities of the
Commonwealth are to remain strong, viable units of government,
which is in the best interest of the Commonwealth, decisive action
needs to be taken, and among those actions which should be
considered are the following:
Reevaluation of Virginia's unique system of independent
cites which imposes upon cities the unfair responsibility
of providing regional services without reimbursement from
adjoining beneficiary localities;
Special fund by the Commonwealth of those services
provided by central cities which benefit the entire
region;
As recommended by the Grayson Commission (House Bill 550
introduced at the 1990 Session), creation of financial
incentives to encourage governmental integration of
independent cities with adjoining counties; and
370
Also as recommended by the Grayson Commission, authority
for cities with populations of less than 125,000 to make
the transition to town status.
Mr. Harvey stated that cities in the Commonwealth of Virginia
will have a problem in the near future that will require the
assistance, patience and understanding of the General Assembly.
Out of necessity, he added that the City of Roanoke has tapped
almost every resource legally permissible; that the City has tried
to tighten governmental spending and administrators have done an
admirable job in their efforts to operate the City within a
balanced budget and to provide the services that citizens deserve;
however, he cautioned that the time will come when the City will be
faced with some very serious financial problems, and he asked that
the General Assembly help the core cities to find innovative ways
to deal with the problems.
LEGISLATIVE PROPOSALS:
Education - Safe School Leqislation:
Ms. O'Neil commended the Superintendent and School
Administrators on their efforts to insure that the City's schools
are as safe as possible, advising that it is recognized that there
are many problems in the community that come back into the schools
on a daily basis. She pointed out that the General Assembly
adopted a "Safe School Act" at the 1993 Session, and the Act
provides a coordinated and comprehensive approach to insure safe
classrooms; however, features of the Act should be enhanced by
adoption of the following recommendations by the General Assembly:
strengthening of laws regulating the sale and ownership
of hand guns;
State funding assistance for security personnel and
equipment, including resource officers to facilitate safe
schools through drug prevention, firearm education, and
police awareness;
coordination of school safety programs among the
appropriate State and local agencies to include the
development of school safety audits;
State funding assistance for alternative education
programs; and
implementation of public agency outreach programs to
promote responsibility by parents for the actions of
their children.
371
Mrs. Curtis requested that the General Assembly give
consideration to the total school budget, advising that the Roanoke
City Schools has a diverse student population because Roanoke City
acts as a magnet for the entire Roanoke Valley and must take care
of the needs of at-risk and disadvantaged students, and it is
believed that the City should provide a quality education for all
students regardless of race, class or intelligence, thus, a wide
variety of programs must be provided by the system. She stated
that the General Assembly will face many issues regarding
education, but she is confident that local legislators will insure
that Roanoke City receives its fair share. She stressed that
salaries of teachers are a high priority, because quality teachers
are needed to insure the success of the implementation of school
programs.
Education - Health Services for Disadvantaqed Children:
Reverend Harris stated that in 1994, legislation will be
introduced in the General Assembly requesting State funding for
school health nurses, particularly for those school districts where
there is a high percentage of economically disadvantaged children.
He called attention to the fact that 52 per cent of the City's
student population comes from low income families; and the School
Board is of the opinion that school health nurses are important
because they provide a vital link between the disadvantaged student
and the medical community. He advised that disadvantaged children
throughout Virginia are suffering from a lack of affordable health
services; that in Roanoke City alone, over 4,000 children lack
access to comprehensive health care, and approximately 52 per cent
of school age children reside in low income families, most of whom
do not have adequate health insurance, and teenage pregnancy rates
throughout the Commonwealth are at an all-time high and continue to
escalate. He stated that Roanoke City Schools have limited
financial resources to fund health services; that the General
Assembly is urged to support funding for the 1994-95 Biennium that
would provide at least one public health nurse for every 1,000
children residing in the locality; and the services provided by
these additional public health nurse positions would be primarily
for disadvantaged children. He advised that the Virginia State
Parent Teacher Association and the Virginia Education Association
have endorsed the legislation, and because the Roanoke City School
Board feels very strongly about the need for school health nurses,
funds have been included in the school budget to begin to address
the issue.
Senator Trumbo inquired as to how the City arrived at the 52
per cent disadvantaged rate; whereupon, Chairperson Day advised
that the figure is based upon school lunch applications. Senator
Trumbo stated that a proposal is presently under discussion by the
Senate Finance Committee to identify those areas where there has
been a statistical correlation between economically disadvantaged
372
and under achievement students, and the Senate Finance Committee is
investigating whether or not to identify localities that have a
high percentage of school lunch program applications to determine
if additional funding could be provided to those localities in an
effort to increase the achievement quotient. He added that he has
tried to address the disparity issue over a long period of time;
and other alternatives are under consideration, such as identifying
the relationship between school lunch program applications and
achievement levels. He pointed out that if one were to use a map
and overlay those areas with a high volume of school lunch program
applications, one would also see those localities that are most
concerned about disparity in education.
Education - Method of Calculating Standards of Quality:
Mr. Poff advised that the School Board encourages the General
Assembly to review the way that the State calculates funding for
Standards of Quality, inasmuch as the School Board believes it
should reflect the actual cost to meet the Standards of Quality
rather than the minimum cost. He stated that this year the State
set funding costs per pupil at $2,829.00; however, the City spent
approximately $5,127.00 per student because the City made a
commitment to provide the quality of education that is necessary in
order to prepare students to enter the work force. He explained
that the City received only $1,321.00 from the State per pupil,
which is a disparity in the cost versus funds received and places
an undue burden on the locality. On behalf of the School Board, he
requested that the General Assembly fully fund the Standards of
Quality without reducing funding in other areas which would enable
local governments to fund other needed programs, such as school
nurses, special needs students, alternative education, and business
and technical education.
Mr. Turner advised that this is his ninth and last year as a
member of the School Board, and he would like to express
appreciation to area legislators for their assistance during his
tenure as a School Board member. He stated that as the General
Assembly reviews the disparity issue, an important matter to
consider is teacher salaries, because teacher salaries in the City
of Roanoke have not reached the national average, yet teachers are
given a multitude of responsibilities.
Senator Trumbo advised that there will be an attempt to
address the disparity issue this year. Delegate Thomas stated that
he, along with Senator Bell and Delegates Cranwell and Woodrum,
have worked as a team to address the matter of disparity, and it
should be pointed out that Delegate Cranwell has done an
unbelievable Job in leading the forces; and again this year, the
issue will be addressed by the General Assembly to a certain
extent.
373
Transportation - Improved Access to Blacksburg/Virginia Tech:
The Mayor addressed the matter of improved access to
Blacksburg/Vtrginia Tech which is the "Smart Road" project that has
been under discussion for some time. He stated that the City has
a strong relationship with Virginia Tech and believes that it would
be important to Virginia Tech as well as to the Roanoke
Metropolitan area to have improved access between Blacksburg and
Roanoke. He further stated that the State Transportation
Commission has already recognized that a direct link from
Blacksburg to Interstate 81 should be built; and approximately $6
million has been allocated by the Federal Government to the "Smart
Road" project. He pointed out that the City supports State funding
for this important regional project which will be a catalyst for
the creation of new Jobs in the Roanoke and New River Valleys.
Interstate 73:
Mayor Bowers advised that the Intermodal Surface
Transportation Efficiency Act of 1991 (ISTEA) authorized
development of a national highway system to serve major population
centers and major travel destinations; and ISTEA identifies the 1-
73 Corridor from Charleston, South Carolina, to Detroit, Michigan,
as being a high priority, but the Commonwealth of Virginia has not
ye~ decided where 1-73 should be located within this State. He
added ~hat the interest of the Commonwealth would be better served
by an 1-73 alignment following U.S. Routes 460 and 220 because such
an alignment would provide access to the largest population center
in Virginia west of Charlottesville, the medical and financial
centers of southwest Virginia, the largest airport in southwest
Virginia, and one of the State's major universities. He advised
that Council urges support for an alignment of 1-73 within the
Commonwealth of Virginia following U.S. Route 460 from the West
Virginia line to Roanoke and U.S. Route 220 from Roanoke to the
North Carolina line.
Mr. Musser enter the meeting (11:55 a.m.).
Extension of AMTRAK Rail Service:
The Mayor advised that the National Railroad Passenger
Corporation has recently completed an internal study of proposed
new rail routes, including a new line from New York to Atlanta by
way of Roanoke; and the proposed new route will connect major
northeast cities with Atlanta through the western Virginia cities
of Charlottesville, Lynchburg and Roanoke, as well as the eastern
Tennessee cities of Nashville and Chattanooga. He requested that
the Commonwealth support, including provision of necessary funding,
a feasibility study of the proposed new route to be Jointly
conducted by AMTRAK and the Virginia Department of Rail and Public
Transpo£tation.
374
Economic Development:
Mr. Harvey advised that Council is calling upon the Governor
and the General Assembly to establish an economic development
strategic plan for the Commonwealth of Virginia and its local
governments, which should be developed through a process that
encourages participation by State and local government and the
business community. He stated that a specific element of this plan
of action should include the development of new marketing
initiatives and financial incentive opportunities, including State
and local tax benefits for a business locating or remaining in a
Virginia locality. He added that the intent of the new plan of
action should be to make Virginia and its local governments more
competitive with neighboring states, and called attention to
incentives offered by the States of Alabama and North Carolina
which make it impossible for the Commonwealth and southwest
Virginia, in particular, to compete.
Delegate Thomas advised that the Governor's Fund included $7
million for economic development, and the Governor has been
requested to include a like amount in his upcoming budget because
the program has been such a success, especially in southwest
Virginia where a large percentage of funds have been used. He
stated that the general feeling among most of the Members of the
House of Representatives and the Senate, especially the money
committees, is not to give away everything but the "kitchen sink"
in order to entice new business. He added, however, that economic
development and business development partnerships should be
expanded, and advised that economic development and tourism will be
one of the top priorities of the new Governor, because he promised
125,000 new jobs in the next four years.
Mr. Harvey inquired as to why the Commonwealth would be
concerned if the City of Roanoke chose to give a tax incentive to
attract new industry, which, in effect, will create more Jobs for
citizens; whereupon, Delegate Thomas advised that the Commonwealth
and the City should work in partnership to promote economic
development.
Senator Trumbo advised that, historically, two questions have
surfaced; viz: (1) if a tax break is given to a new business, will
existing businesses that may wish to expand be hampered, and (2)
will attention be focused on attracting new businesses as opposed
to assisting already established businesses. He added that
although some states have offered incentives, if a new company does
not have a vested interest in the locality, it will be more
inclined to move elsewhere, whereas, If the governmental entity
requires some investment in the locality, roots are then
established from which to grow, and the business or industry is not
375
as prone to leave the locality. He called attention to instances
where new businesses have located for a short period of time in
certain states, later determined that the move was not what was
expected economically, and the State was left with an empty
structure. He advised that some incentives will be proposed,
although he was unsure as to what extent.
Delegate-Elect Griffith advised that the key to any incentive
is to insure that there will be stable jobs, and if incentives are
offered, there should be some kind of long-term commitment by the
new business in return.
POLICY STATEMENT:
Mandates:
Mr. Musser advised that according to the Joint Legislative
Audit and Review Commission (JLARC), Virginia's local governments
are subject to 391 Federal and State mandates which require
localities to perform duties without consideration of local
circumstances, costs, capacity and require localities to redirect
their priorities to meet Federal and State objectives regardless of
other pressing local needs and priorities affecting health, safety
and welfare of citizens, and the cumulative effect of Federal and
State legislation and regulatory mandates has exacerbated the
already serious financial problems of local governments. He stated
that he attended a number of sessions on the topic during a meeting
of the National League of Cities in December of last year, and it
appears to be a problem that exists all over the country to the
point where localities are breaking down their tax bills and
utility bills to determine how much of the bill is actually used to
cover unfunded State and Federal mandates so that when citizens
request certain services, they can be told precisely how their tax
dollars are spent.
Business License Tax:
Mr. Musser advised that pursuant to action of the 1993 Session
of the General Assembly, a subcommittee has been reviewing the
appropriateness and administration of the business, professional
and occupational license tax. He stated that City Council is open
to alternatives to the tax that are revenue neutral to the City of
Roanoke and Council opposes any alternative that is not revenue
neutral.
Mr. White, Chairperson of the Legislative Affairs Committee,
recognized the work of the Committee, along with the City Attorney,
in formulating the City's 1994 Legislative Program.
376
Virginia Museum of Transportation:
Mr. White advised that in the first year of the Biennium, the
Virginia Museum of Transportation received no State funding, but in
the second year of the Biennium, the Museum's funding was restored
to $110,000.00, and the General Assembly is urged to provide
increased State funding for the Transportation Museum during the
new Biennium.
Public Libraries:
Mr. White advised that the City Council joins with public
library systems across the Commonwealth in urging full funding of
the State-aid formula for public libraries. He further advised
that the current fiscal year finds libraries funded at 60 per cent
of the former level; that full funding for Virginia libraries under
the formula would provide $17 million in State aid for fiscal year
1994-95 which represents an increase of $7 million over the current
fiscal year funding. He stated that if public libraries are not
adequately funded, the City's General Fund will have to make up the
difference, or the purchase of new library materials will be
significantly reduced.
Nursinq Home:
Mr. White advised that the City of Roanoke has an outstanding
nursing home facility, and the City's General Fund is presently
subsidizing the nursing home to the extent of approximately
$410,000.00 annually. He explained that between eight and nine
urban Jurisdictions across the State provide nursing home services
along with some type of subsidy. Relative to the subsidy, he
advised that the State places a cap on reimbursement on Medicaid,
and the City is requesting that the State review the funding of
City-owned nursing homes and consider removing the cap and allowing
locally-owned nursing homes to be treated the same as State
facilities for purposes of Medicaid reimbursement which would
reduce much of the deficit and allow the City to use approximately
$410,000.00 for other essential services, such as public education
and public safety.
Law Library
Mr. Edwards advised that perhaps only attorneys know of the
important role of the Law Library, not only to lawyers and their
clients, but to the administration of justice. He stated that the
Law Library has improved dramatically over the last ten years and
should be maintained as a quality library. He added that the cost
of publications continues to increase; that in 1988, the General
Assembly increased the authorized ceiling for filing fees on each
civil action filed in the Circuit Court and the General District
Court to $4.00 which provided some assistance; however, recently
377
the number of filings has decreased sharply as follows: in fiscal
year 1991-92, the Law Library received $163,311.00 in filing fees
compared to a projected $120,291.00 in fiscal year 1993-94, while
at the same time, the cost of legal publications increased 24 per
cent and the Law Library budget for these publications decreased by
11 per cent. He stated that in order to provide adequate support
for the Law Library, the General Assembly is urged to increase the
allowable fee ceiling from $4.00 per case to $6.00 per case and to
apply the fee to criminal cases as well as civil cases.
Long Term Care:
Mr. Edwards advised that it is hoped that the General Assembly
will address the issue of long term care, and not simply pass the
buck to localities to come up with the money for unfunded mandates.
He stated that long term care should not be looked upon solely as
a City problem or a Valley problem or even a regional problem,
because it is clearly a State and national problem. He advised
that City Council does not oppose efforts by the Commonwealth to
restructure State level long term care administration in order to
more effectively use its resources for services; however, Council
vigorously opposes any effort by the State to require local
governments to furnish additional services or to take on additional
administrative roles in the area of long term care unless the State
furnishes full funding for these new responsibilities. He added
that Council also opposes any restructuring of local long term care
administration which would require the City to pay for such
services without the power to establish policy for the delivery of
such services.
Firearms:
Mr. McCadden advised that Council is increasingly concerned
with the level of violent crime, Statewide and locally, and the
City of Roanoke was among the first to implement community based
crime prevention programs involving cooperative efforts of
citizens, neighborhood organizations, the business community, law
enforcement agencies and local departments of the City. He stated
that much violent crime involves the use of a firearm, and City
Council supports efforts of the United States Congress and the
General Assembly to enact measures to deter the use of firearms in
the commission of crimes.
Curfew Violations:
Mr. McCadden advised that in 1992, a citizen's task force
recommended that the City's curfew ordinance be modernized; that
subsequently, Council adopted a new ordinance, and the City
Administration, in conjunction with the Juvenile and Domestic
Relations District Court and the Court Service Unit, developed and
implemented a Juvenile citation program which provides for Juvenile
378
Court intervention in the case of repeat offenders. He noted that
dispositional alternatives, however, are severely limited because
curfew violation is considered a status offense. In order to
provide teeth for local government curfew ordinances, he advised
that the General Assembly is urged to amend Title 16.1 to treat
violation of local curfew ordinances the same as a traffic
violation. He stated that availability of fines and driver license
revocation as dispositional alternatives in curfew cases would
create a substantial deterrent to recidivism.
Commission on Population Growth and Development:
Mr. Dibling advised that in 1989, the General Assembly
established the Commission on Population Growth and Development,
and over the past several months, the Commission has been actively
working on draft legislation which it seeks to have introduced at
the 1994 Session of the General Assembly. He stated that City
Council is firmly committed to the principle that no entity is
better equipped to make land use decisions at the local level than
the local governing body, and accordingly, Council opposes any
State effort to intervene in local land use decisions.
Specifically, he explained that Council opposes any legislation by
which local land use tools would be reviewed and evaluated for
consistency with State-defined goals.
Virginia Public Employee Retirement Systems - Portability of
Benefits:
Mr. Dlbling advised that recruitment and retention by the
Commonwealth and local governments of qualified officers and
employees is critical to maintaining and improving the quality of
public service in the Commonwealth. He added that some political
subdivisions of the Commonwealth do not participate in the Virginia
Retirement System; that State law does not currently provide for
portability between local retirement systems or the local
retirement systems and the Virginia Retirement System; and the
General Assembly is therefore requested to study the portability of
retirement benefits between the governmental retirement systems of
the Commonwealth.
Extension of Occupational Disease Presumptions:
Mr. Dibling advised that police officers, deputy sheriffs and
ftrefighters have the advantage of nearly irrebuttable presumptions
that heart disease and hypertension are occupational diseases under
the Workers' Compensation Act; and firefighters have an additional
presumption with respect to lung disease. He stated that the City
currently has a Workers' Compensation Act liability of $2.6 million
for heart, hypertension and lung awards made to public safety
officers as a result of the statutory presumption without stating
379
,!
any opinion as to the wisdom of the current presumptions. He
pointed out that the City urges the General Assembly not to extend
the occupational disease presumption to new diseases such as
cancer, advising that the high incidence of cancer among Americans
is well known, and as terrible as the disease is, it should not be
the subject of a work related presumption.
Mr. Dlbling reviewed proposed City Charter amendments in
connection with empowering the Director of Finance to use any and
all collection methods available to Treasurers of counties and
cities under general law to collect delinquent real estate taxes,
provided the responsibility for such collection has been
transferred to the Director of Finance by ordinance adopted by City
Council; and providing for staggered terms of office for members of
the Board of Zoning Appeals.
The City Manager addressed the matter of central cities
without annexation powers, advising that House Bill 599, which was
passed in 1979, was supposed to be somewhat of a buffer to those
localities that had lost their annexation powers to help with the
funding of urban police departments. He stated that during the
first 11 years, the Bill worked well until around 1991 when there
were significant budget cuts and House Bill 599 funding was
decreased from $80 million to $67 million, and the current budget
of the Governor reveals a further reduction of approximately 9.8
per cent, or a $187,000.00 loss of funding for the City over the
current year, and since the Bill hit its peak in 1990, the City of
Roanoke has lost $711,000.00 of funding. He called attention to a
State mandate that appears to be forthcoming without funding in the
Governor's budget which calls for a $10.00 fee to be assessed
against localities for every ton of refuse deposited in a regional
landfill, advising that if the City deposits 50,000 tons of refuse,
a $500,000.00 expense will be presented to City Council for
funding, and he asked that the General Assembly seriously review
the matter. Mr. Herbert also called attention to a proposal of the
Commonwealth to eliminate reimbursement to localities of fringe
benefits for Constitutional Officers, which could take effect in
July 1995, and would amount to several hundred thousand dollars.
He stated that the only good news about the proposal is that the
State is considering an additional Sheriff's fee to be charged to
make up for funds that the localities stand to lose. He urged that
the State not tell localities than an additional Sheriff's fee will
cover the cost of fringe benefits only to discover in two or three
years that the funds must be taken from the localities when the
Commonwealth experiences budget problems.
Superintendent Harris reiterated the remarks of School Board
members. He submitted that there is a serious commitment in
Roanoke City for the education of all children, and if the City is
to continue its commitment of providing quality education, he would
ask that the City's delegation to the General Assembly review the
380
13 items that are included in the 1994 Legislative Program for
Roanoke City that pertain specifically to education, five of which
relate to funding. He stressed that a main ingredient in providing
and maintaining a high quality of life in any community is to
insure that all children receive a quality education.
(For full text, see 1994 Legislative Program on file in the City
Clerk's Office.)
As a token of the City's appreciation for their efforts, the
Mayor presented each legislator with a "Mini Clipper" with the
City's Seal engraved thereon.
There being no further business, the Mayor and Chairperson
declared the joint meeting of the Roanoke City Council and the
Roanoke City School Board adjourned at 1:15 p.m.
APPROVED
ATTEST:
City Clerk
381
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
January 3, 1994
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, January 3,
1994, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetinqs, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members John $. Edwards, James G. Harvey,
II, Delvis O. McCadden, Howard E. Musser, William White, Sr., and
Mayor David A. Bowers ........ 6.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grisso, Director of Finance;
and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by ~'he Reverend
Michael R. Nevling, Pastor, Colonial Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
PUBLIC HEARINGS
DIRECTOR OF FINANCE-CITY TREASURER-CITY CHARTER-
ZONING-TAXES-LEGISLATION: The City Clerk having
advertised a public hearing for Monday, January 3, 1994,
at 2:00 p.m., or as soon thereafter as the matter may be
heard, to determine whether the 1994 Session of the
General Assembly of Virginia shall be requested to enact
certain amendments to the Roanoke Charter of 1952, as
amended, the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Thursday,
December 23, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
The proposed revisions are described as follows with
amendments underscored:
382
ACTION=
§25.1. Director of Finance
The director of finance shall have the power
and the authority to use any and all
collection methods available to the treasurers
of the counties and cities under general law
to collect delinquent real estate taxes
provided the responsibility for such
collection has been transferred to the
director of finance by ordinance adopted by
city council.
S62. Zoning
The board of zoning appeals shall consist of
five members, each to be appointed for a term
of three years and removable for cause by the
appointing authority, upon written charges and
after public hearing. The preceding sentence
notwithstandinqt at the expiration of the
terms of the members servinq on the board of
zoning appeals as of January It 1991~ two
members shall be appointed for terms of three
years each~ two members shall be appointed for
terms of two years each~ and one member shall
be appointed for a term of one year.
Thereafter~ all members shall be appointed for
terms of three years each. Vacancies shall be
filled for 'the unexpired term of any member
whose term becomes vacant.
Mr. Harvey offered the following resolution:
(#31816-010394) A RESOLUTION requesting the 1994
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. 55,
page 488.)
Mr. Harvey moved the adoption of Resolution No.
31816-010394. The motion was seconded by Mr. McCadden.
The Mayor inquired if there were persons present who
would like to be heard in connection with the proposed
Charter amendments. There being none, Resolution No.
31816-010394 was adopted by the following vote:
383
ACTION:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Mayor Bowers- 6.
NAYS: None 0.
(Council Member Bowles 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 a request for an Executive Session
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council. Mr.
Harvey requested that Consent Agenda Item No. 4 which is
a report of the City Manager with regard to a
comprehensive diversified housing strategy for the City
of Roanoke, be deleted from the Consent Agenda for
discussion as a separate item; whereupon, Council
concurred in the request.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Musser 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 Edwards, Harvey, McCadden,
Musser, White and Mayor Bowers 6.
NAYS: None O.
(Council Member Bowles was absent.)
384
ACTION:
BUDGET-TRAFFIC-PARKS AND RECREATION-CELEBRATIONS-
LEGISLATION-CITY GOVERNMENT-PLANNING-TOURISM-RIVER
PARKWAY/EXPLORE PARK: A communication from Mayor
David A. Bowers with regard to the City's relationship
with the Explore Park, was before Council.
The Mayor advised that Explore Park will open on
May 3, 1994; inasmuch as Explore will be a reality in
some form along the Blue Ridge Parkway and the Roanoke
River east of the City, it is appropriate for the City to
inquire, examine and analyze what relationship, if any,
the City should have to the Explore Park; that he would
want the City to have a connection with the State agency
that governs the Park, and not any foundation or private
entity that might be involved in development of the Park,
and requested that the matter be referred to the City
Manager and to 1994-95 budget study for further
consideration.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Musser moved that the communication be referred
to the City Manager and to 1994-95 budget study for
consideration. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Mayor Bowers ........... 6.
NAYS: None
-0.
(Council Member Bowles was absent.)
(See page 20 for remarks of M. Rupert Cutler, Director,
Virginia's Explore Park.)
STATE HIGHWAYS-LEGISLATION-INDUSTRIES-TOURISM: A
communication from Mayor David A. Bowers with regard to
the proposed 1-73 highway project running from Detroit,
Michigan, through Ohio, West Virginia, the Roanoke area
of Virginia, and North Carolina down to the Myrtle Beach,
South Carolina, area, advising that on a recent visit to
Roanoke, Senator Charles S. Robb and Governor-Elect
George Allen expressed interest in bringing the proposed
highway through the Roanoke area inasmuch as Roanoke is
the largest metropolitan area in western Virginia, was
before Council.
385
ACTION:
The Mayor further advised that the proposed
Interstate 66 project, also known as the Transcontinental
Highway, would link California, via mid-America, to the
Tidewater region of Virginia; and presumably the 1-66
route would run through the Roanoke area on the way to
Lynchburg, Richmond and down to Norfolk.
The Mayor pointed out that interstate highway
development is expensive, controversial and long term,
however, it behooves the City to be fully informed as to
the Transcontinental 1-66 Corridor Project so that the
City might position itself effectively to benefit by
having the 1-66 route pass through the Roanoke area.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Musser moved that the matter be referred to the
City Manager for appropriate response or contact with the
1-66 lobbying group, and to the City Attorney for
preparation of measures endorsing the project. The
motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Mayor Bowers--- 6.
NAYS: None
(Council Member Bowles was absent.)
HOUSING/AUTHORITY: A report of the City Manager
advising that at the regular meeting of Council on
Monday, November 8, 1993, a motion was adopted requesting
a preliminary report within 30 days and a final report by
June 30, 1994, on a comprehensive diversified housing
strategy for the City of Roanoke, was before the body.
The City Manager further advised that the subject
has been under consideration for an extensive period of
time; that the matter is an outgrowth of a concern
expressed by Council Members that the housing efforts of
Roanoke have not been balanced, focusing primarily on
programs to assist low-moderate income residents through
the use of Federal co~unity development block grants;
and although other efforts have consumed the attention of
City staff, notably the Hotel Roanoke/Conference Center
project, there has been considerable progress on
developing a diversified housing strategy for
consideration by Council.
386
ACTION
The City Manager explained that at this time, it
does not appear to be necessary to engage consultant
assistance to complete the report well within Council's
expressed target date of June 30, 1994, and if this
position changes, Council will be promptly advised.
(For full text, see report on file in the City Clerk's
Office.)
Upon question by Mr. Harvey as to how the City
Manager intends to address the matter in the future, the
City Manager advised that City staff has worked on the
project since it was publicly proclaimed by Council as a
key issue. He stated that a draft report will be shared
with Council informally to determine if staff is on the
right track leading to a June 1994 deadline. He added
that he was not of the opinion that it will be necessary
to hire outside consultants at this time in order to meet
the June deadline imposed by Council.
Question was raised as to whether all neighborhoods
of the City will be encompassed in the study; whereupon,
the City Manager advised that staff will go through an
extensive study identifying vacant and potentially
developable property.
Mr. Harvey moved that the report be received and
filed. The motion was seconded by Mr. Musser and adopted
by the following vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Mayor Bowers 6.
NAYS: None 0.
(Council Member Bowles was absent.)
BUDGET: A report of the City Manager recommending
approval of a proposed schedule for fiscal year 1994-95
budget study, was before Council.
DATE and TIME
BUDGET PREPARATION ACTIVITIES
April 18, 1994
Public presentation of fiscal
year 1994-95 recommended budget
to City Council by the City
Manager.
387
ACTION
ACTION:
April 18, 1994
Advertisements of public
hearings on recommended budget
and tax rates appear in
newspapers.
April 25, 1994
May 4 - 6, 1994
Public hearings on recommended
budget and tax rates.
City Council budget study work
sessions.
May 9, 1994
City Council adopts General
Fund, Special Revenue Fund -
Schools and Proprietary Fund
budgets and approves an annual
appropriation ordinance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser moved that Council concur in the proposed
1994-95 budget study schedule. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Mayor Bowers 6.
NAYS: None
(Council Member Bowles was absent.)
OATHS OF OFFiCE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: A report of qualification of Barbara N.
Duerk as a member of the Roanoke Neighborhood Partnership
Steering Committee, for a term ending November 9, 1994,
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.
Harvey and adopted by the following vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Mayor Bowers--- 6.
NAYS: None 0.
(Council Member Bowles was absent.)
388
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-POLICE DEPARTMENT-ANIMALS/INSECTS: 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 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; and the agreement was
amended pursuant to Ordinance No. 25612, adopted on
June 12, 1981, Ordinance No. 27968, adopted on
January 20, i986, and Resolution No. 30272-101590,
adopted on October 15, 1990, which adjusted the monthly
fee to its present rate of $4,080.00, effective
September 1, 1990.
It was further advised that the S.P.C.A., through
its President, has requested consideration of a change in
the fee structure from $4,080.00 per month to a per
animal cost of $6.00 per day, to be effective January 1,
1994; that legally the City is required to retain custody
of impounded animals for a minimum of five days if the
animal is not released to the owner; and after five days,
the animal may be transferred to the custody of the
S.P.C.A. for disposition.
The City Manager recommended that Council approve
execution of a contractual agreement with the S.P.C.A.,
in a form to be approved by the City Attorney,
authorizing a change in the method of payment from a
monthly fee to a per animal, per day cost of $6.00 to be
billed on a monthly basis, advising that the cost will be
increased by $2.64 per animal, pr day, from January 1,
1994 through June 30, 1994, for a total additional cost
389
AOTION:
ACTION:
of $19,500.00 for fiscal year 1993-94; and transfer
$19,500.00 to Animal Control, Account No. 001-050-3530-
2010, from Police Patrol Salary Lapse, Account No.'001-
050-3113-1002.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31817-010394) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 55,
page 490.)
Mr. White moved the adoption of Ordinance No. 31817-
010394. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Mayor Bowers .......
NAYS: None--
(Council Member Bowles was absent.)
Mr. White offered the following resolution:
(#31818-010394) A RESOLUTION authorizing and
providing for an agreement between the City of Roanoke
and the Roanoke Valley Society for the Prevention of
Cruelty to Animals, in order to increase the
consideration paid by the City to the Society.
(For full text of Resolution, see Resolution Book No. 55,
page 491.)
Mr. White moved the adoption of Resolution No.
31818-010394. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Mayor Bowers .....
NAYS: None
(Council Member Bowles was absent.)
390
ACTION:
BUDGET-HUMAN DEVELOPMENT-EQUIPMENT: The City
Manager submitted a written report advising that the Food
Stamp Employment and Training Program (FSET) provides
food stamp recipients with employment and training
programs to assist in reaching their goal of full-time,
unsubsidized employment; and the State Department of
Social Services currently provides automated case
management support for all programs except Food Stamp
Employment and Training Program and staff in this program
must maintain manual records for report preparation.
It was explained that the State Department of Social
Services has made funding available for computer systems
at 100 per cent reimbursement, which will allow Food
Stamp Employment and Training staff to automate case
management and reporting functions.
The City Manager recommended that Council
appropriate $6,900.00 to provide funds for purchase of
computer equipment and software, said funds to be 100 per
cent reimbursed by the State Department of Social
Services, in order to automate case management and
reporting functions; and that Council authorize an
increase in revenue estimates of funds received from the
State Department of Social Services, Account No. 001-020-
1234-0681, and increase the following Expenditure
accounts:
No. 001-054-5316-2035 Expendable Equipment $2,400.00
No. 001-054-5316-9015 Other Equipment 4r500.00
Total $6,900.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following emergency budget
ordinance:
(#31819-010394) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 492.)
Mr. McCadden moved the adoption of Ordinance No.
31819-010394. The motion was seconded by Mr. Harvey and
adopted by the following vote:
391
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Mayor Bowers 6.
NAYS: None 0.
(Council Member Bowles was absent.)
HOUSING/AUTHORITY: The City Manager submitted a
written report advising that Castle Development
Corporation, a real estate developer from Richmond,
Virginia, is proposing to purchase the 108-unit
Countryside Estates complex located on Highland Road,
N.W., using financing in two parts; viz: (1) a
$3,185,000.00 mortgage loan from Virginia Housing
Development Authority (¥HDA) to finance approximately 85
per cent of the cost for purchase and renovation of the
development, and (2) Federal "Low-Income Housing Tax
Credits" (LIHTC) to produce the remaining 15 per cent of
the cost; that expected improvements will total
approximately $850,000.00; and conditions of financing
from the Virginia Housing Development Authority include
the following:
40 per cent of the units will be reserved for
occupancy by households with incomes not
exceeding 60 per cent of the area median
income (approximately $21,120.00 for a family
of three, $23,460.00 for a family of four,
$25,320.00 for a family of five) for the 25-
year term of the financing;
a maintenance/replacement reserve escrow
account be established with VHDA to finance
continued maintenance; and
inspections by VHDA twice a year.
It was further advised that conditions of the Low-
Income Housing Tax Credits include that all units must be
reserved for occupancy by households with incomes not
exceeding 60 per cent of the area median income, and
inasmuch as the conditions of occupancy are more
restrictive than those of the Virginia Housing
Development Authority loan financing alone, these more
restrictive requirements will apply to the project; that
the intended buyer/developer intends to apply a policy of
not renting to any tenant that would be paying more than
30 per cent of their income for rent, which would have
the effect of setting a minimum income of $15,000.00; and
development will have 24-hour on-site management by
Boston Financial Corporation.
392
With regard to incomes of current residents, it was
explained that 24 of the 70 occupied units are occupied
by residents with incomes greater than those which would
be allowed by the Low-Income Housing Tax Credits; that
another 11 resident households have incomes less than
would be allowed by the new owner's policy; that current
rents are approximately $365.00 for a two-bedroom unit
and $410.00 for a three-bedroom unit, with projected
rents after renovation of $385.00 for a two-bedroom unit
and $440.00 for a three-bedroom unit; and 35 per cent of
the units are now vacant, due primarily to their
condition.
The City Manager advised; that the Virginia Housing
Development Authority has invited, as required by law,
the City's official endorsement or disapproval of the
request for financing by the Virginia Housing Development
Authority; that City staff was originally advised that
only 40 per cent of the units would be reserved for
households with incomes less than 60 per cent of median
income and evaluated the proposal in regard to priorities
of the City based on that information; that it was
recently learned that Low-Income Housing Tax Credits are
intended for all units, and therefore all units would be
reserved for low-income residents for 15 years, which
factor requires reconsideration of the merits of the
proposal; and the City has had no opportunity to approve
or comment on the provision of Low Income Housing Tax
Credits separately, therefore, the only opportunity to
affect the proposal is involved with VHDA financing,
however, the proposed project relies upon both parts of
the financing.
The City Manager recommended that Council authorize
the Mayor to certify to the Virginia Housing Development
Authority the City's interim disapproval of the request
for VHDA financing of improvements to Countryside
Estates, while reserving the option of rescinding its
disapproval based on further analysis of options and
implications of the redevelopment not occurring as
proposed; and the City Manager be authorized to explore
with the proposed deweloper and/or current owners
alternative means to achieve the improvement of the
property while preserving an appropriate economic mix of
residents.
(For full text, see report on file in the City Clerk's
Office.)
393
ACTION:
Mr. Harvey offered the following resolution:
(#31820-010394) A RESOLUTION authorizing the Mayor
to execute a Certification of Disapproval with respect to
the proposed partial financing by the Virginia Housing
Development Authority of certain improvements to an
apartment development known as Countryside Estates in the
City of Roanoke.
(For full text of Resolution, see Resolution Book No. 55,
page 493.)
Mr. Harvey moved the adoption of Resolution No.
31820-010394. The motion was seconded by Mr. White.
The City Manager reiterated that Council has made
its position clear regarding the issue that no further
steps should be taken with regard to low and middle
income housing beyond that to which the City is already
obligated under Federal Community Development Block
Grants until a formal report is presented to Council with
regard to a comprehensive diversified housing strategy
for the City of Roanoke.
Mr. Charles W. Wilson, representing the firm of
Harvey Llndsey Commercial Real Estate, Norfolk, Virginia,
mortgage banker for the transaction, appeared before
Council and advised that Countryside Estates is a 22-year
old property currently owned by a group in bankruptcy.
He stated that the occupancy rate of the housing complex
has dropped from 85 per cent to 70 per cent, and it is
believed that a downward spiral will continue if a change
of ownership does not occur within the near future
inasmuch as the property is continuing to deteriorate and
certain units are not habitable at the present time. He
explained that Castle Development Corporation of
Richmond, Virginia, has contracted to purchase the
property, and the question presently under consideration
is whether Castle Development Corporation will utilize
VHDA financing, which will allow for the most extensive
renovations. He explained that the Low Income Housing
Tax Credit program requires that only $3,000.00 be
expended per unit; however, Castle Development
Corporation is committed to spending $9,000.00 per unit,
with over $1 million to be injected into the property
which will include new interiors, a new heating and
cooling system, new floor coverings, new kitchens, new
windows, appliances and landscaping. He stated that as
to the issue of income, the majority of current tenants
already qualify; therefore, there will not be a
significant upheaval in terms of tenants already living
394
in the complex. He advised that rents will be increased
from $365.00 to $395.00 for a two-bedroom unit, and from
$410.00 to $446.00 for a three-bedroom unit, which are
not rents that are normally associated with low income
housing developments. He stated that the City of Roanoke
has already benefitted from similar VHDA financing and
from similar tax credit programs such as the properties
known as Park 21 and Woodbridge Apartments. He further
stated that Virginia Housing Development Authority is an
excellent lender in respect to the City and the community
because VHDA requires that the properties be closely
monitored and inspected on a regular basis to insure that
facilities are properly maintained.
Mr. Michael C. McNamara, owner Castle Development
Corporation, Richmond, Virginia, advised that in terms of
exploring funding alternatives, the deadline on the
contract to purchase Countryside Estates will expire in
the near future; that alternative financing mechanisms
are available, such as 100 per cent tax credit
development; however, those financing alternatives are
not as attractive as VHDA financing, which will allow for
approximately $1 million in renovations, while other
available financing mechanisms will allow approximately
one-half of the renovations that are currently
contemplated through Virginia Housing Development
Authority financing.
A Joint communication from William B. Litton, Senior
Vice President and Managing Director, and Charles W.
Wilson, Vice President, Harvey Llndsay Commercial Real
Estate, outlining the pending transaction, the plans of
Castle Development Corporation for the property including
extensive renovation, and terms of Virginia Housing
Development Authority financing, subject to vote of City
Council, was before the body.
It was explained that while the proposed loan
program contains certain income and rent restrictions,
they are essentially already being met at the property;
that the result of the pending transaction will be to
significantly improve the physical structure of the
property and increase the rents; that they are unaware of
any other source of financing available in the
marketplace which economically permits and requires this
form of extensive renovations; and not only will the
quality of the physical structure improve, the quality of
the community will improve as well.
(For full text, see communication on file in the City
Clerk's Office.)
395
Following discussion of the request, Resolution No.
31820-010394 was adopted by the following vote:
AYES: Council Members Edwards, Harvey, Musser,
White and Mayor Bowers 5.
NAYS: Council Member McCadden.
(Council Member Bowles was absent.)
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council Member
William White, Sr., Chairperson of a committee appointed
by the Mayor to tabulate bids received for construction
of Project PC-2, Peters Creek Sewershed, Infiltration/
Inflow Reduction Program, which involves the replacement
of 4,000 feet of fourteen, twelve and eight inch
deteriorated sewer lines running from Green Ridge Road to
Peters Creek Road, more or less parallel to Laura Road in
the upper regions of the Peters Creek Sewershed,
presented a written report on behalf of the committee,
recommending that Council award a contract to J. P.
Turner and Brothers, Inc., in the amount of $291,524.00,
with 180 consecutive calendar days to complete the work;
that Council appropriate $306,100.00 from current Sewer
Fund Retained Earnings to a new account to be entitled,
Sewer Replacement PC-2; and reject all other bids
received by the City:
Contract Amount
Contingency
Total Encumbered
$291,524.00
14t576.00
$306,100.00
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file In the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31821-010394) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Sewer Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 494.)
396
ACTION:
ACTION:
Mr. White moved the adoption of Ordinance No. 31821-
010394. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Mayor Bowers--- 6.
NAYS: None- 0.
(Council Member Bowles was absent.)
Mr. White offered the following emergency ordinance:
(#31822-010394) AN ORDINANCE accepting the bid of
J. P. Turner and Brothers, Incorporated, for the
construction of corrective action projects for
Infiltration/Inflow (I/I) Reduction to the City sewer
system, 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. 55,
page 495.)
Mr. White moved the adoption of Ordinance No. 31822-
010394. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Mayor Bowers 6.
NAYS: None -0.
(Council Member Bowles was absent.)
CHURCH AVENUE PARKING GARAGE-VIRGINIA TECH-WATER
RESOURCES-SPECIAL PERMITS: Council Member Elizabeth T.
Bowles, Chairperson of the Water Resources Committee,
presented a written report on behalf of the Committee,
with regard to execution of a lease with the Roanoke
Valley Graduate Center for use of three parking spaces in
the Municipal Parking Garage for installation of a
satellite dish antenna.
A staff report advised that the location of the
Graduate Center in the Mlmicipal Parking Garage limits
available present and future classroom space; that a
solution to space limitations is the use of televised
!
397
ACTION:
broadcasts from participating institutions; and one
satellite dish has been in place for several years,
however, additional satellite receiver capacity is
necessary in order to continue the mission of the
Graduate Center.
It was further advised that a request has been
received from the Graduate Center for permission to
displace three parking spaces on level B-5 (top deck) of
the Municipal Parking Garage in order to install a second
satellite dish, with space at the same location to be
available for a future third new dish; that the request
includes provision that the monthly parking fees related
to the three displaced parking spaces be waived; and
should the Parking Garage begin to operate at capacity,
the Graduate Center agrees to pay the standard monthly
fee for the three displaced parking spaces.
The Water Resources Committee recommended that
Council authorize the Roanoke Valley Graduate Center to
utilize three parking spaces located at the southeast
corner of level 5-B (top deck) of the Municipal Parking
Garage for a fenced area to contain two satellite dish
antennas, one to installed immediately and one to be
installed at a later date.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. McCadden moved that the following ordinance be
placed upon its first reading:
(#31823) AN ORDINANCE authorizing and providing for
the lease by the City of three parking spaces on the top
deck of the Municipal Parking Garage at 117 West Church
Avenue to the Roanoke Valley Graduate Center for
installation of a satellite dish antenna, subject to
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 496.)
The motion was seconded byMr. Harvey and adopted by
the following vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Mayor Bowers 6.
NAYS: None- 0.
(Council Member Bowles was absent.)
398
TRAFFIC-EASEMENTS-PARKS AND RECREATION-
DONATIONS/CONTRIBUTIONS-CITY PROPERTY-WATER RESOURCES-
STREETS AND ALLEYS-VIRGINIA TECH-HOTEL ROANOKE CONFERENCE
CENTER-STATE HIGHWAYS: Council Member Elizabeth T.
Bowles, Chairperson of the Water Resources Committee,
presented a written report on behalf of the Committee,
with regard to donation of a certain street right-of-way
and temporary construction easement in Entranceway Park
to the Virginia Department of Transportation in
connection with the Wells Avenue Street Improvement
Project.
A staff report advised that the City acquired
several parcels of real estate and established
"Entranceway Park" during the early 1980's; and a
fountain was erected on the property which is located on
the northwesterly corner of the intersection of Wells
Avenue and Wllliamson Road, N. E.
It was further advised that land acquisition for
improvements to Wells Avenue is being completed by the
Virginia Department of Transportation (VDOT); that
realignment of Wells Avenue, N. E., will require YDOT to
acquire some street right-of-way and a temporary
construction easement on the southerly and westerly sides
of the park; that a deed has been presented to the City
by YDOT which dedicates the needed street right-of-way
and provides the necessary temporary construction
easement; and the Department of Parks and Recreation
expressed the following concerns with regard to the
effect on the park:
elimination and replacement of at least three
mature magnolia trees;
removal/relocation/replacement of underground
irrigation system;
tie-in of new sidewalk system to existing
walkway in the park;
contours and replacement of sod on cut slope
area along the northerly side of Wells Avenue,
N. E.; and
protection of remaining mature magnolia trees
along Commonwealth Avenue, N. E., during
construction in the area.
399
II
ACTION:
It was explained that VDOT has agreed to include the
above-described requirements in its construction
contract; that a nominal fee of $1.00 is proposed for the
right-of-way; that inasmuch as this is a City project to
the extent that all costs will be applied to the City's
allocation for State highway project funding, the City
does not propose to charge for the actual right-of-way;
and the consideration can be thought of as work that VDOT
has agreed to perform at project cost to make the
necessary adjustments to landscaping, sidewalks and
irrigation for the park to accommodate the highway
project.
The Water Resources committee recommended that
Council authorize the appropriate City officials to
execute a deed prepared by the Virginia Department of
Transportation, in a form to be approved by the City
Attorney, which will grant, by donation, a 2,551 square
foot portion of Entranceway Park for street widening
purposes and an adjoining temporary construction easement
containing 4,112 square feet to VDOT for use in the Wells
Avenue, N. E. Street improvement Project, advising that
VDOT has agreed to include the following on plans for the
project:
replace at least three existing mature
magnolia trees affected by the new street
right-of-way; and
replace, relocate, and/or repair existing
underground irrigation system affected by the
project.
(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:
(~31824) AN ORDINANCE authorizing the donation and
conveyance of a 2,551 square foot portion of land and a
4,112 square foot temporary construction easement to the
Commonwealth of Virginia for use in the Wells Avenue
Street Improvement Project, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 497.)
The motion was seconded by Mr. White and adopted by
the following vote:
4OO
ACTION:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Mayor Bowers --6.
NAYS: None-- 0.
(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 MAYOR AND MEMBERS
OF COUNCIL:
VIRGINIA TECH-ACTS OF ACKNOWLEDGEMENT: Mr. McCadden
moved that the City Attorney be requested to prepare the
proper measure congratulating Virginia Tech on its win
over Indiana University in the Independence Bowl on
Friday, December 31, 1993. The motion was seconded by
Mr. Harvey and adopted.
OTHER HEARINGS OF CITIZENS:
BUDGET-TRAFFIC-PARKS AND RECREATION-CELEBRATIONS-
LEGISLATION-CITY GOVERNMENT-PLANNING-GRANTS-RIVER
PARKWAY/EXPLORE PARK-TOURISM: M. Rupert Cutler,
Director, Virginia's Explore Park, appeared before
Council in connection with the Mayor's communication (see
page 4) in which he addressed the relationship of the
City with Explore Park.
Dr. Cutler advised that he would be pleased to
discuss the following matters with the City Manager: (1)
temporary loan of a member of the City's Community
Planning staff to draft the comprehensive plan for
Explore's historic settlement, and (2) an appointed City
liaison to the Virginia Recreational Facilities Authority
which administers Explore Park. He addressed the matter
of better signage on the Blue Ridge Parkway near Roanoke
to inform travellers of the existence of and whereabouts
of the City of Roanoke, Center in the Square, the
Visitor's Center, and Mill Mountain Zoo; improvements to
Route 116 between Jefferson Street and Explore Park; and
an appropriation of funds by the City to Explore Park.
(For full text, see statement on file in the City Clerk's
Office.)
401
ACTION:
without objection by council, the Mayor advised that
the remarks would be received and filed and referred to
the City Manager for consideration-
At 3:00 p.m., the Mayor declared the meeting in
recess.
eeting reconvened in the Council
t 3:13 p.m., the m ..... ~ d all Members of
· A wers res~u~,,w, _n 1
Chamber, wtt~ Mayor B~___ ~{th the exception of counci
the council in attendanu~,
Member Bowles.
cOUNCIL: with respect to the Executive Session Just
concluded, Mr. Edwards moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: council Members Edwards, Harvey, McCadden,
Musser, White and Mayor Bowers .......
NAYS: None-
(council Member Bowles was absent.)
OATHS OF OFFiCE-COMMITTEES-MENTAL HEALTH SERVICES-
BLUE RIDGE COMMUNITY SERVICES: The Mayor advised that
there is a vacancy on the Blue Ridge community Services
Board, created by the resignation of susan J. Cloeter,
for a term ending December 31, 1994, and called for
nominations to fill the vacancy.
Mr. Edwards placed in nomination the name of Ann J.
Francis.
There being no further nominations, Ms. Francis was
elected as a member of the Blue Ridge community Services
Board to fill the unexpired term of susan J. Cloeter,
resigned, ending December 31, 1994, by the following
vote:
FOR MS. FRANCIS: Council Members Edwards, Harvey,
McCadden, Musser, White and Mayor Bowers ..............
(council Member Bowles was absent.)
4O2
There being no further business, the Mayor declared the
meeting adjourned at 3:15 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
403
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
January 10, 1994
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, January 10,
1994, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members James G. Harvey, II, Delvis O.
McCadden, Howard E. Musser, William White, Sr., Elizabeth T.
Bowles, John S. Edwards and Mayor David A. Bowers ........ 7.
ABSENT: None- --- --0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend
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 Mayor Bowers.
ACTS OF ACKNOWLEDGEMENT-CITIZEN OF THE YEAR: On
behalf of the Members of Council, the Mayor advised that
it was his pleasure to announce that Ms. Pearl Fu is the
recipient of Roanoke's 1993 Citizen of the Year Award.
The Mayor advised that Mrs. Fu has been a resident
of Roanoke for six years and during that time, she has
dedicated herself to making Roanoke a city that is
looking out across the horizons of the world; that she
has energized the Chinese-American community; and she has
been active in numerous organizations.
On behalf of the City of Roanoke, the Mayor
presented Mrs. Fu with an appropriate plaque and a "Key
to the City".
CELEBRATIONS-CITY GOVERNMENT-SISTER CITIES:
David K. Lisk, Chairperson, Wonju Sister City Committee,
appeared before Council and presented a briefing on the
history of Roanoke's Sister City program with Wonju,
4O4
ACTION:
Korea; a list of visitors between Roanoke and Wonju for
the period covering 1964-1991; a list of City projects by
WonJu and Roanoke; and needs for the 30th Anniversary
celebration with Wonju, Korea; i.e.: reception for the
Mayor and his delegation, transportation and housing for
the delegation during their visit, and appropriate gifts
to be presented by the City of Roanoke.
Mr. Llsk advised that Roanoke Sister Cities will
submit a bid for the 1996 International Sister City
Conference, which will be the National Sister Cities 40th
Anniversary, and approximately 1,280 persons will attend
from over 30 countries around the world for a five day
period.
(See abovereferenced documents on file in the City
Clerk's Office.)
Mr. Musser moved that the matter of appropriate
activities, transportation, housing and gifts in
connection with the 30th Anniversary celebration of the
WonJu-Roanoke Sister City relationship to be held on
November 2-7, 1994, be referred to the City Manager and
to the City Clerk for study, report and reconu~endation to
Council. The motion was seconded by Mr. Harvey 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, January
10, 1994, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Cynthia A.
Gardner that three tracts of land located at 129, 133 and
143 Norfolk Avenue, S. W., identified as Official Tax
Nos. 1010301, 1010302 and 1010303, be rezoned from LM,
Light Manufacturing District, to C-3, Central Business
District, the matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
December 24, 1993, and Friday, December 31, 1993.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to place
the property into a zoning classification that will
permit use of the existing structure for a nail salon and
405
ACTION:
a retail shop for distribution of related products and
warehousing of products, was before Council.
The Planning Commission recommended that Council
approve the request, advising that the rezoning will be
a logical extension of the existing C-3, Central Business
District, located to the east and south of the property
and location and physical constraints of the site are
more conducive to commercial development as an
appropriate land use than to industrial development.
(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:
(#31825) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
101, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 54,
page 504.)
The motion was seconded by Mr. Edwards.
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. 31825 was
adopted, on its first reading, by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers--- 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,
January 10, 1994, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Donald R.
Alouf that a tract of land located at 1010 McVltty Road,
S. W., identified as Official Tax No. 5100809, be rezoned
from RS-I, Residential Single-Family, Low Density
District, to CN, Neighborhood Cor,~ercial District,
subject to certain conditions proffered by the
petitioner, the matter was before the body.
406
ACTION:
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
December 24, 1993, and Friday, December 31, 1993.
(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 interior renovations and conversion of an
existing single family structure to a professional office
building, was before Council.
The Planning Commission recommended that Council
approve the request, advising that the subject property
meets the purpose and intent of the neighborhood
commercial zoning classification; and a conditional
rezoning will facilitate the adaptive reuse of a vacant
residential structure, as well as provide a transitional
buffer area from the major arterial corridor (Route 419)
to residential uses to the east of the site.
(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:
(#31826) AN ORDINANCE to amend Section 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 applicant.
(For full text of Ordinance, see Ordinance Book No. 54,
page 506.)
The motion was seconded by Mr. Edwards.
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. 31826 was
adopted, on its first reading, by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers 7.
NAYS: None 0.
407
TRAFFIC-STATE HiGHWAYS-PLANNING-LANDMARKS/HIST.
PRESERVATION-FIFTH PLANNING DISTRICT COMMISSION: The
City Clerk having advertised a public hearing for Monday,
December 13, 1993, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of the City
Planning Commission that the proposed Roanoke City
Thoroughfare Plan dated September, 1993, be approved and
adopted as an element of Roanoke vision, the city's
Official Comprehensive Plan for Roanoke, and on
December 13, 1993, Council having deferred action on the
document for a period of 30 days, the matter was again
before the body.
A report of the City Manager advising that the
proposed Roanoke City Thoroughfare Plan was presented as
a public hearing item on Monday, December 13, 1993, and
concerns raised by Mayor Bowers led to Council deferring
action on the Plan, subject to review and response to the
concerns, was before the body.
The following information was provided in regard to
the Mayor's proposal to widen the 1-581/U.S. 220
Expressway Corridor, and suggested improvements to Route
116 beginning at the Jefferson Street/Walnut Avenue
intersection:
Proposal to widen the 1-581/U.S. 220
Expressway corridor: The "Program of Projects"
listed under Appendix C of the Plan noted one
conceptual element that this project might
include was to "move the southbound exit ramp
onto Colonial Avenue from Wonju Street to
Overland Road". The intent of that statement
was not to relocate that exit ramp but rather
to supplement the existing WonJu Street
interchange with the additional exit ramp at
Overland Road. There would be no change to
the interchange at WonJu Street. The
statement has been revised in Appendix C to
more accurately reflect this concept.
Suggested improvements to Route 116 beginning
at the Jefferson Street/Walnut Avenue
intersection which would include Walnut
Avenue, Piedmont Street, Riverland Road, and
Mount Pleasant Boulevard, as it relates to
improved access to Explore.
408
ACTION:
Traffic data and projections listed in Table
3.3 of the proposed Thoroughfare Plan indicate
that the Riverland Road (Route 116) traffic
volume of 8,725 functions at an acceptable
level of service (LOS C) and is
projected to increase to 13,535 ADT
by the year 2015 and would then
function at LOS D. While LOS D is
less than the desired LOS C, it is
considered acceptable for an urban
area. From a traffic capacity
viewpoint, the need to improve this
Route 116 corridor is not supported
by this data, particularly when
compared to the LOS E and LOS F that
either exist or are projected to
occur for projects listed as
"imminent Priority". Alternatively,
an item has been added to the
"Program of Projects" listed under
Appendix C of the Plan calling for a
study of this project suggestion.
Improved traffic flow at major intersections
along the above traffic corridor may be
achieved by spot improvements which are
considered local projects. If Council
desires, a funding proposal for this purpose
can be included in the City's Capital
Improvement Program.
The City Manager recommended that Council approve
and adopt the Roanoke City Thoroughfare Plan as an
element of Roanoke Vision.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following resolution:
(#31827-011094) A RESOLUTION approving and adopting
the Roanoke City Thoroughfare Plan Element, dated
September, 1993, as an element of Roanoke Vlsioq, the
City's Official Comprehensive Plan for Roanoke.
(For full text of Resolution, see Resolution Book No. 55,
page 497.)
Mr. McCadden moved the adoption of Resolution No.
31827-011094. The motion was secondsd by Mrs. Bowles.
409
In connection with the Wells Avenue widening, Ms.
Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired as to
why all designs that were presented to citizens included
a nine-foot median strip; whereupon, the Director of
Public Works advised that the nine-foot median was a
design feature that came about as a result of the public
hearings, and it was a feature that evolved from all of
the workshops that were conducted by City Staff.
The Mayor raised questions with regard to the I-
581/U.S. Route 220 Expressway Corridor to Overland Road
which is currently described in the City Manager's report
as a southbound exit ramp to Overland Road, and inquired
as to whether or not the project will be locked in if
Council concurs in the City Manager's recommendation;
whereupon, the Director of Public Works advised that the
City is not locked into any of the concepts; that at such
time as the project becomes a reality, Council will be
asked to adopt a measure requesting the Virginia
Department of Transportation to program the necessary
improvements, followed by design details and a public
hearing.
In regard to his suggested improvements to Route
116, the Mayor stated that the only action the
Administration has taken to his comments which were
presented at the Council meeting on Monday, December 13,
1993, is to list the item under other Priority;
whereupon, the Director of Public Works advised that
under the category of Other Priorities, it is suggested
that the feasibility of improving the Route 116 Corridor
be studied which was an attempt by City staff to respond
to the Mayor's inquiry. He stated that traffic data at
this time does not suggest that an improvement to Route
116 is required, and it has been suggested that such a
project be studied and if it is justified by traffic
counts and projections, a proposed alignment would be
presented to Council and the project could be added to
the priority list.
The Mayor advised that replacement of a deficient
Walnut Avenue Bridge over the Roanoke River is included
under the category of Imminent Priority, and inquired if
City staff considers the Walnut Avenue Bridge to be
imminent, but not the further alignment of Route 116;
whereupon, Mr. Clark responded that it is known from
engineering inspections which are required annually for
all bridges, that the Walnut Avenue Bridge is in a
rapidly deteriorating state and will have to be repaired
or closed in the not too distant future, therefore, it is
considered to be a priority item.
410
ACTION:
Resolution
following vote:
No. 31827-011094 was adopted by the
AYES: Council Members Harvey,
White, Bowles and Edwards
NAYS: Mayor Bowers
McCadden, Musser,
6.
-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 and Executive
Session to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council;
and to discuss the location of a prospective business
when no previous announcement has been made of the
interest of the business in locating in the community.
MINUTES: Minutes of the regular meetings of Council
held on Monday, November 1, 1993, Monday, November 8,
1993, Monday, November 15, 1993, and Monday, November 22,
1993, were before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the reading of the minutes be
dispensed with and that the minutes be approved as
recorded. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ...... 7.
NAYS: None 0.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
411
,!
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. McCadden and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ....... 7.
NAYS: None
o
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss the
location of a prospective business when no previous
announcement has been made of the interest of the
business in locating in the community, pursuant to
Section 2.1-344 (A)(5), 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 location of a prospective business when no
previous announcement has been made of the interest of
the business in locating in the community, pursuant to
Section 2.1-344 (A)(5), Code of Virginia (1950), as
amended. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ......... 7.
NAYS: None
e
OATHS OF OFFICE-COMMITTEES-COUNCIL-FIFTH PLANNING
DISTRICT COMMISSION: A report of qualification of John
S. Edwards as a member of the Fifth Planning District
Commission to fill the unexpired term of Beverly T.
Fitzpatrick, Jr., resigned, 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.
McCadden and adopted by the following vote:
412
ACTION
ACTION:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers 7.
NAYS: None 0.
OATHS OF OFFICE-COMMITTEES-COUNCIL-ECONOMIC
DEVELOPMENT: A report of qualification of John S.
Edwards as a member of the Economic Development
Commission, to fill the unexpired term of Beverly T.
Fitzpatrick, Jr., resigned, 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.
McCadden and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ...... 7.
NAYS: None
Oe
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: A
report of qualification of H. B. Ewert as a member of the
City of Roanoke Redevelopment and Housing Authority to
fill the unexpired term of Jo Anne B. Justis, resigned,
ending August 31, 1995, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ........ 7.
NAYS: None 0.
OATHS OF OFFICE-COMMITTEES-LIBRARIES: A report of
qualification of B. Gayle Graves as a member of the
Roanoke Public Library Board to fill the unexpired term
of Bonnie A. Nethery, resigned, ending June 30, 1995, was
before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
413
ACTION:
ACTION:
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers -7.
NAYS: None
e
OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT: A
report of qualification of I. B. Heinemann as a member of
the Personnel and Employment Practices Commission, for a
term ending June 30, 1996, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ........ 7.
NAYS: None.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
RIVER PARKWAY/EXPLORE PARK: Mr. Gary J. Foutz,
1103 Mountainview Road, Vinton, Virginia, appeared before
Council in connection with increased tourism and
increased employment opportunities for the Roanoke
Valley. He advised that a former City Manager had a
vision for the future of Roanoke and the Explore Park was
one of his dreams. He stated that it is time to put
southwest Virginia on the map; that Roanoke City, Roanoke
County, the City of Salem and the Town of Vinton should
be proud of the Explore Project, which will draw visitors
from all over the United States to southwest Virginia,
and will promote the scenic beauty of the Blue Ridge
Parkway; and the Commonwealth of Virginia should help to
fund more projects in southwest Virginia, as well as
support tourism in this part of the State. He advised
that the Mill Mountain Zoo, Explore Park and the Hotel
Roanoke are all steps in the right direction to boost the
economy of the Roanoke Valley and the support of all four
governments, large and small businesses, and citizens of
414
the area is necessary; and he issued a challenge that all
four governments, businesses and citizens, alike, support
the Explore Project and the Mill Mountain Zoo.
Without objection by Council, the Mayor advised that
the remarks of Mr. Foutz would be received and filed.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOS~ENDED FOR ACTION:
BUDGET-POLICE DEPARTMENT-TRAFFIC-GRANTS: The City
Manager submitted a written report advising that the
State Transportation Safety Board awards funds for
districts throughout the Commonwealth of Virginia,
through State grants, for enhancement of selective DUI
enforcement efforts; that application for a grant to be
awarded to the City of Roanoke was based on the necessity
to raise DUI arrests to a level that will positively
impact the total number of alcohol-related crashes and
fatalities; that funds received are to be used only as
stated in the application for DUI enforcement; and the
agency requesting the transfer of funds agrees to provide
items and equipment necessary to provide the transfer.
It was further advised that the City of Roanoke,
over the past three years, has experienced an increase in
the number of alcohol-related traffic fatalities; that
arrests for DUI have increased during the same three-year
period; that local funding for overtime for extra duty
assignments is unavailable and impairs the ability of the
Police Department to conduct successful selective DUI
enforcement; and alcohol was found to be involved in 40
per cent of fatality accidents in 1993, and 50 per cent
of related deaths in the City of Roanoke.
The City Manager recommended that Council accept a
grant from the State Transportation Safety Board and
authorize the City Manager to execute, on behalf of the
City, any grant agreement or other documentation required
by the State Transportation Safety Board; and appropriate
415
ACTION:
$30,000.00 of selective DUI enforcement grant funds to
revenue and expenditure accounts to be established by the
Director of Finance in the Grant Fund.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31828-011094) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 498.)
Mr. White moved the adoption of Ordinance No. 31828-
011094. The motion was seconded by Mr. Musser.
Sgt. Patrick B. Shumate, representing the Traffic
Division of the Roanoke City Police Department addressed
efforts of the Police Department to discourage drinking
and driving in Roanoke, especially during the holiday
season, as a result of a grant received by the City from
the Division of Motor Vehicles. He stated that in order
to be ready for the holiday season, efforts commenced in
mid-November, and it was felt that two important tools
should be used in accomplishing the goal of the
Department, viz: (1) to remove the impaired driver from
the street, and (2) to inform the public of what was to
be done, thereby encouraging the public to refrain from
drinking and driving. He stated that the first part of
the program involved selective enforcement, which is
composed of a group of officers who are mobile in the
field above the normal patrol manning level, and were
assigned the task of detecting, testing and arresting
drunk drivers and assisting regular on-duty officers in
the apprehension of drunk drivers by providing testing
personnel. He added that the second part of the program
involved a checkpoint operation, which is a highly
visible operation where DUI safety spot checks of
motorists are conducted throughout the City, that was
staged during peak times of suspected DUI activity, which
was also used as an opportunity to distribute Division of
Motor Vehicle literature addressing drinking and driving,
as well as the issue of teenage drinking and driving. He
advised that a total of 622 hours were spent patrolling
the streets of Roanoke above the normal manning level;
that the task force removed 57 alcohol or drug-impaired
drivers from the streets of Roanoke during the period,
416
ACTION=
which is above the normal patrol activity provided by the
Police Department; that two habitual offenders were
removed from the City's streets, and 28 suspended
operator's licenses were found, for a total of
approximately 195 traffic violations enforced during the
period. He stated that the Police Department will
continue its pro-active approach to the problem of
drinking and driving and will target holiday periods
throughout the coming year.
Ordinance No. 31828-011094 was adopted by the
following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ....... 7.
NAYS: None
Mr. White offered the following resolution:
(#31829-011094) A RESOLUTION accepting a certain
DUI Enforcement Grant offer made to the City by the State
Transportation Safety Board and authorizing execution of
any required documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 55,
page 499.)
Mr. White moved the adoption of Resolution No.
31829-011094. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ....... 7.
NAYS: None
The Mayor recognized the following persons who
rendered assistance to the City in its efforts to apply
for the abovereferenced DUI Grant:
Chauncey L. Logan, Representative, Virginia
Transportation Safety Board
James K. Collins, Regional Manager, Division
of Motor Vehicles
Steven D. Goodwin, Project Monitor, Division
of Motor Vehicles
417
ACTION:
Sgt. Robert D. Shields, Lt. Ramey A. Bower and
St. Patrick B. Shumate of the Roanoke City
Police Department
SEWERS AND STORM DRAINS-EQUIPMENT: The City Manager
submitted a written report advising that pickle liquor is
a waste product from Wheeling-Pittsburgh Steel Company in
Yorkville, Ohio, used for phosphorous removal; that the
product is made available to the City for use in the
waste treatment process at no charge except for
transportation cost from Ohio to Roanoke; and a request
for bids was sent to seven vendors for transportation
services with three responses having been received and
opened on November 29, 1993, in the Office of the Manager
of General Services.
The City Manager recommended that Council accept the
bid submitted by DSI Transports, Inc., to provide
transportation of pickle liquor from Yorkville, Ohio, to
Roanoke, Virginia, for the period of January 1, 1994, to
December 31, 1994, with an option to renew for two
additional one year periods, at a rate of $1.65 cwt.; and
reject all other bids received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31830-011094) A RESOLUTION accepting the bid of
DSI Transports, Inc., made to the City for transportation
of pickle liquor from Yorkville, Ohio, to Roanoke,
Virginia, for the period of January 1, 1994, to
December 31, 1994; and rejecting all other bids made to
the City.
(For full text of Resolution, see Resolution Book No. 55,
page 500.)
Mr. Harvey moved the adoption of Resolution No.
31830-011094. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers 7.
NAYS: None 0.
418
CHURCHES-LANDMARKS/HIST. PRESERVATION-GRANTS: The
City Manager submitted a written report advising that Old
First Baptist Church located at 407 North Jefferson
Street is listed on the Virginia Historic Register and
the National Register of Historic Places; that on
September 23, 1991, Council authorized $48,500.00 as a
grant to the Roanoke Valley Preservation Foundation to
stabilize the building as a part of the Community
Development Block Grant (CDBG) program, pursuant to
Resolution No. 30721-092391; that during fiscal year
1992-93, the Board of Directors of The Arts Place at Old
First, Inc., used private funds to continue
rehabilitation of the structure; that on May 10, 1993,
pursuant to Resolution No. 31445-051093, Council approved
additional funding for the project as a part of the CDBG
application submitted to the United States Department of
Housing and Urban Development (HUD); and on June 28,
1993, pursuant to Ordinance No. 31534-062893, Council
appropriated CDBG funds, in the amount of $46,100.00, for
the abovedescribed project.
It was explained that The Arts Place at Old First,
Inc., will continue to renovate the building with the
installation of new flooring, installation of a heating
and air conditioning system, repairs to the roof, belfry
and steeple, and securing the building against further
effects of the weather; that The Arts Place at Old First,
Inc., will eventually occupy the building for stage
productions and fine arts exhibits under a 20-year lease
from the Trustees of First Baptist Church, owners of the
building; and an administrative agreement is necessary
between the City and the Board of Directors of The Arts
Place at Old First, Inc., for funds to be disbursed for
repairs.
The City Manager recommended that he be authorized
to execute an agreement with the Board of Directors of
The Arts Place at Old First, Inc., for rehabilitation of
the Old First Baptist Church located at 407 North
Jefferson Street.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency
ordinance:
419
ACTION:
(#31831-011094) AN ORDINANCE authorizing execution
of an agreement with The Arts Place at Old First, Inc.,
to provide matching funds, not to exceed $46,100.00, for
the rehabilitation of Old First Baptist Church located at
407 North Jefferson Street; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 501.)
Mr. Harvey moved the adoption of Ordinance No.
31831-011094. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers 7.
NAYS: None--
e
J. Granger Macfarlane, President, The Arts Place at
Old First, appeared before Council and expressed
appreciation for the City's assistance in rehabilitating
a Virginia landmark and National landmark structure.
REPORTS OF COMMITTEES:
INDUSTRIES: Council Member Elizabeth T. Bowles,
Chairperson of the Water Resources Committee, presented
a written report on behalf of the Committee with regard
to the lease of farming rights to the "Douthat Farm"
portion of the Roanoke Centre for Industry and
Technology.
A staff report advised that the Douthat Farm was
acquired by the City in October 1989; that pursuant to
Purchase Order No. 97350, dated November 21, 1990, the
services of Eagle Valley Ranch, c/o Paul Umbarger, were
employed 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
stipulations that the vendor would be permitted to graze
livestock, mow hay or till crops on the property and
would provide and maintain fencing to secure livestock
and assume all liability for damage to and by his actions
or actions of his livestock, machinery, equlpment~
employees and guests, with the understanding that the
purchase order could be cancelled upon 30 days notice.
420
It was further advised that lease of the property to
Paul Umbarger, owner or principal of Eagle Valley Ranch,
for a five-year period commencing on July 1, 1991, with
future extensions on a year-to-year basis permitted by
agreement of the parties, was authorized by Council,
pursuant to Ordinance No. 30626-072291, which provided
for a lease fee of $20.00 per acre per year, or $2,800.00
per year; and Paul Umbarger and his employees have made
numerous improvements to the fencing around the property.
It was explained that the death of Paul Umbarger,
re-evaluation of Eagle Valley Ranch ownership, and
liquidation of the assets of the estate has removed
cattle from the property and ended operations of the
Eagle Valley Ranch; that a request to assume use of the
property for an identical farming operation using the
name "Hylton Charolais Farms", pursuant to the same terms
and conditions as the Umbarger lease, has been received
from Robert W. Hylton, who previously supervised most of
Eagle Valley Ranch operations; and Mr. Hylton has been
notified by the heirs of Mr. Umbarger that he may, in the
future, use the name of Eagle Valley Ranch, as well as
the tax number of said company.
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 for Industry and
Technology, to Robert W. Hylton at a lease fee of $20.00
per acre per year for a five-year term, which will
automatically extend on a year-to-year basis thereafter
unless cancelled by either party, with the lease to be
terminable by either party at any time upon 30 days
written notice.
It was explained that the lessor will have the
option to require the lessee to move or remove crops and
cattle from all or portions of the property if and when
said property is to be developed for industrial purposes;
that the lease fee will be adjusted annually based upon
the total acreage remaining in farm use on July 1 of each
year should the lessor remove portions of the property
for industrial purposes; and the lessor will attempt to
time repossession of the land in order to permit a
reasonable time for standing crops to mature and be
harvested.
(For full text, see reports on file in the City Clerk's
Office.)
421
ACTION:
Mrs. Bowles moved that the following ordinance be
placed upon its first reading:
(#31832) AN ORDINANCE authorizing the lease of
certain City-owned property to Robert W. Hylton, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 507.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Harvey,
White, Bowles, Edwards and Mayor Bowers
NAYS: None
McCadden, Musser,
e
BUDGET-SEWERS AND STORM DRAINS-SIDEWALK/CURB AND
GUTTER-CITY PROPERTY-INDUSTRIES-CONSULTANTSREPORTS-WATER
RESOURCES: Council Member William White, Sr.,
Chairperson of a committee appointed by the Mayor to
tabulate bids received for construction of the Statesman
Industrial Park Stormwater Management System, Contracts I
and II, presented a written report on behalf of the
Committee, recommending that Council award a unit price
contract, in a form to be approved by the City Attorney,
to Thomas Brothers, Inc., for Contract I Stormwater
Detention Basin, in the amount of $618,842.00, and to
Aaron J. Conner General Contractor, Inc., for Contract II
storm Drainage System, in the amount of $1,741,045.00,
for a total project amount of $2,359,887.00; and that the
Director of Finance be authorized to transfer $618,842.00
and $1,741,045.00, from Account No. 008-052-9700-9176,
Public Improvement Bonds - Series 1992-A, to new accounts
to be entitled "Statesman Park, Contract I" and
"Statesman Park, Contract II", respectively.
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 followiag emergency budget
ordinance:
422
ACTION:
ACTION:
(#31833-011094) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 502.)
Mr. White moved the adoption of Ordinance No. 31833-
011094. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers -7.
NAYS: None---
Mr. White offered the following emergency ordinance:
(#31834-011094) AN ORDINANCE accepting the bid of
Thomas Brothers, Inc., for construction Contract I,
Statesmen Industrial Park Stormwater Detention Basin,
upon certain terms and conditions, and awarding a
contract therefor; and accepting the bid of Aaron J.
Conner General Contractor, Inc., for construction
Contract II, Statesmen Industrial Park Storm Drainage
System; authorizing the proper City officials to execute
the requisite contracts 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. 55,
page 503.)
Mr. White moved the adoption of Ordinance No. 31834-
011094. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers- 7.
NAYS: None-
0
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
CHURCH AVENUE PARKING GARAGE-VIRGINIA TECH-WATER
RESOURCES: Ordinance No. 31823 authorizing and providing
for the lease by the City of three parking spaces on the
top deck of the Municipal Parking Garage located at 117
423
ACTION:
West Church Avenue to the Roanoke Valley Graduate Center
for installation of a satellite dish, subject to certain
terms and conditions as more particularly set forth in a
report of the Water Resources Committee under date of
January 3, 1994, having previously been before the
Council for its first reading on Monday, January 3, 1994,
read and adopted on its first reading and laid over, was
again before the body, Mrs. Bowles offering the following
for its second reading and final adoption:
(#31823-011094) AN ORDINANCE authorizing and
providing for the lease by the City of three parking
spaces on the top deck of the Municipal Parking Garage at
117 West Church Avenue to the Roanoke Valley Graduate
Center for installation of a satellite dish antenna,
subject to certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 496.)
Mrs. Bowles moved the adoption of Ordinance No.
31823-011094. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers --7.
Om
NAYS: None-
TRAFFIC-EASEMENTS-PARKS AND RECREATION-DONATIONS/
CONTRIBUTIONS-CITY PROPERTY-WATER RESOURCES-STREETS AND
ALLEYS-VIRGINIA TECH-HOTEL ROANOKE CONFERENCE CENTER:
Ordinance No. 31824 authorizing donation and conveyance
of a 2,551 square foot portion of land and a 4,112 square
foot temporary construction easement located at the
northwesterly corner of the intersection of Wells Avenue
and Williamson Road, N. E., to the Commonwealth of
Virginia, acting through its Department of Transportation
or other appropriate State agency, upon certain terms and
conditions, as more particularly set forth in a report of
the Water Resources Committee under date of January 3,
1994, having previously been before the Council for its
first reading on Monday, January 3, 1994, read and
adopted on its first reading and laid over, was again
before the body, Mrs. Bowles offering the following for
its second reading and final adoption:
424
ACTION=
(#31824-011094) AN ORDINANCE authorizing the
donation and conveyance of a 2,551 square foot portion of
land and a 4,112 square foot temporary construction
easement to the Commonwealth of Virginia for use in the
Wells Avenue Street Improvement Project, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 497.)
Mrs. Bowles moved the adoption of Ordinance No.
31824-011094. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ..... 7.
NAYS: None 0.
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS:
COMPLAINTS-ARMORY/STADIUM-HOUSING/AUTHORITY-PARKS
AND RECREATION: Ms. Helen E. Davis, 35 Patton Avenue,
N. E., appeared before Council in connection with a
recent newspaper article which reported that Council
Member Delvis O. "Mac" McCadden supports the construction
of a stadium in historic Gainsboro. She spoke against
the proposal, and suggested that a more appropriate
location would be the current side of Victory Stadium, or
an area near the Sports Complex.
(See statement on file in the City Clerk's Office.)
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
reiterated the remarks of Ms. Davis.
Without objection by Council, the Mayor advised that
the remarks of Ms. Davis and Ms. Bethel would be received
and filed.
At 9:15 p.m., the Mayor declared the meeting in
recess.
At 10:20 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
425
ACTION:
ACTION:
ACTION:
COUNCIL: With respect to the Executive Session just
concluded, Mr. Edwards moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers- ---7.
NAYS: None 0.
OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION:
Mrs. Bowles moved that the membership of the Mill
Mountain Development Committee be expanded by one
additional member. The motion was seconded by Mr.
McCadden and unanimously adopted.
Mrs. Bowles placed in nomination the name of
Ralph K. Smith as a member of the Mill Mountain
Development Committee.
There being no further nominations, Mr. Smith was
elected as a member of the Mill Mountain Development
committee, for a term ending June 30, 1994, by the
following vote:
FOR MR. SMITH: Council Members Harvey, McCadden,
Musser, White, Bowles, Edwards and Mayor Bowers -7.
There being no further business, the Mayor declared the
meeting adjourned at 10:25 p.m.
APPROVED
A rSST'.
City Clerk
Mayor
426
SPECIAL MEETING
ROANOKE CITY COUNCIL
January 18, 1994
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 Tuesday,
January 18, 1994, at 12:00 noon, pursuant to Section 10, Meetings
of Council, of the Roanoke City Charter, and pursuant to a
communication from the Mayor under date of January 13, 1994,
calling the special meeting, with Mayor David A. Bowers presiding.
PRESENT: Council Members John S. Edwards, Delvis O.
McCadden, Howard E. Musser and Mayor David A. Bowers--- 4.
ABSENT: Council Members Elizabeth T. Bowles, James G.
Harvey, II, and William White, Sr. ---3.
OFFICERS PRESENT: W. Robert Herbert, City Manager;
James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling,
Jr., City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States
of America was led by Mayor Bowers.
The Mayor referred to the following communication
calling the special meeting of Council.
"January 13, 1994
The Honorable 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 Roanoke City Council on Tuesday, Janua~! 18, 1994, at
12:00 noon, in the Roanoke City Council Chamber. The
purpose of the special meeting will be to receive sealed
proposals for the purchase of $35,800,000.00 principal
amount of General Obligation Public Improvement Bonds,
Series 1994, of the City of Roanoke. As part of the same
427
meeting, the bonds will be awarded to the successful
bidder therefor. The bonds are being issued to provide
funds to defray the cost to the City of certain public
improvements as follows:
Hotel Roanoke
Conference Center
City Jail Expansion
Juvenile Detention
Home Expansion
$13,800,000.00
4,800,000.00
lt5OOtO00.O0
$20,100,000.00
Sewage Treatment Plant
Expansion and System
Improvements
Total Uses of Bond Proceeds
15eT00e000.00
$35,800,000.00
Sincerely,
S/David A. Bowers
David A. Bowers, Mayor
City of Roanoke"
(See communication on file in the City Clerk's Office.)
BONDS/BOND ISSUES-SEWERS AND STORM DRAINS-CAPITAL
IMPROVEMENTS PROGRAM-WATER RESOURCES-HOTEL ROANOKE
CONFERENCE CENTER-VIRGINIA TECH-CITY JAIL-YOUTH
CORRECTIONAL FACILITIES: Pursuant to authority contained
in Ordinance No. 31375-040593 adopted by the Council on
Monday, April 5, 1993 and Ordinance No. 31782-122093
adopted on Monday, December 20, 1993, the Director of
Finance was authorized to publish and distribute a notice
of sale of the abovedescribed bonds, as well as a
preliminary and Final Official Statement relating to said
Bonds. The Notice of Sale provided that sealed proposals
for purchase of the Bonds would be received by the City
Clerk until 11:30 a.m., E.S.T., on Tuesday, January 18,
1994, in the Office of the City Clerk, Room 456,
Municipal Building at which time and place all proposals
would be publicly opened and read.
Six bids were presented to the City Council by the
City Clerk as having been filed prior to the deadline.
The Mayor inquired if any bidder had a question with
regard to the proposal as to terms and conditions upon
which the bids were submitted, to which question there
was no response from the bidders present.
428
ACTION:
ACTION:
No one present raising any question as to the
advertisement and notice of sale, the Mayor declared the
bidding closed, and instructed the City Clerk to proceed
with the opening and reading of the bids; whereupon, the
City Clerk opened and read the following bids:
True
Purchase Price Interest
Name of Bidder Specified Cost
Kidder Peabody &
Co., Inc.
Goldman, Sachs & Co.
Merrill Lynch, Pierce,
Fenner & Smith
PaineWebber, Inc.
Smith Barney, Shearson,
Inc.
Wheat First Securities,
Inc.
$35,803,424.45
35,808,784.95
35,800,000.00
35,811,300.05
36,416,097.25
35,800,000.00
5.05865%
5.105746%
5.109762%
5.1241%
5.2401%
5. 1233%
Mr. Musser moved that the Mayor be requested to
appoint a committee to tabulate and study the proposals
and report to Council as promptly as possible. The
motion was seconded by Mr. Edwards and adopted.
The Mayor appointed James D. Grisso, Chairperson,
W. Robert Herbert, Wilburn C. Dibling, Jr., Jesse A.
Hall, and Michael R. Crew as members of the bond proposal
committee.
Ail bids submitted having been opened and read, the
Mayor declared the meeting in recess at 12:25 p.m.
(Council Member William White, Sr., arrived at 12:30
p.m., during the recess.)
At 3:05 p.m., the special meeting reconvened in the
City Council Chamber, with Mayor Bowers presiding, and
all Members of the Council in attendance, with the
exception of Council Members Bowles and Harvey.
James D. Grisso, Chairperson of the committee
appointed by the Mayor to tabulate and study the
proposals, submitted a written report on behalf of the
bond proposal committee, recommending acceptance of the
bid submitted by Kidder Peabody and Co., Inc., on the
basis that said bid provides the lowest true interest
cost to the City of Roanoke (5.05865%).
(For full text, see report on file in the City Clerk's
Office.)
429
Mr. Musser offered the following emergency
ordinance:
ACTION:
(#31844-011894) AN ORDINANCE accepting a proposal
for the purchase of the issuance of thirty-five million
eight hundred thousand dollars ($35,800,000) principal
amount of City of Roanoke, Virginia, General Obligation
Public Improvement Bonds, Series 1994; fixing the rates
of interest to be borne by such bonds; and providing for
an emergency.)
(For full text of Ordinance, see Ordinance Book No. 55,
page 515.)
Mr. Musser moved the adoption of Ordinance No.
31844-011894. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Edwards, McCadden, Musser,
White and Mayor Bowers ......... 5.
NAYS: None.
e
(Council Members Bowles and Harvey were absent.)
The Mayor advised that the unsuccessful bidders
could obtain the checks deposited with their bids in the
City Clerk's Office immediately following adjournment of
the special meeting.
There being no further business, the Mayor declared the
special meeting adjourned at 3:15 p.m.
APPROVED
ATTEST:
City Clerk Mayor
43O
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
January 18, 1994
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Tuesday, January 18,
1994, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Delvis
Musser, William White, Sr., John
David A. Bowers ....
0. McCadden, Howard E.
S. Edwards and Mayor
5.
ABSENT: Council
James G. Harvey, II
Members Elizabeth T. Bowles and
2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; William X Parsons, Assistant
City Attorney; James D. Grisso, Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
Michael L. Brummitt, Pastor, Glad Tidings Assembly of God.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
ACTS OF ACKNOWLEDGEMENT-VIRGINIA TECH: A resolution
commending and congratulating the Virginia Tech football
team and Coach Frank Beamer for an outstanding season,
culminating in the team's 45-20 victory over the
University of Indiana in the Independence Bowl was
deferred until a later date.
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.
431
ACTION:
BUDGET-PARKS AND RECREATION-SPECIAL EVENTS-VA
AMATEUR SPORTS/COMMONWEALTH GAMES-TOURISM: A
communication from Mayor David A. Bowers transmitting
correspondence from Peter R. Lampman, Executive Director,
Virginia Amateur Sports, Inc., requesting the City's
continued support of the Commonwealth Games of Virginia,
was before Council.
The Mayor advised that in 1993, the Commonwealth
Games brought 6,700 athletes to the City of Roanoke, and
more that 7,500 athletes are expected to attend and
participate in the events to be held in the spring of
1994; and along with the athletes, come thousands of
family, friends and supporters which has become an
important part of the tourism initiative in Roanoke.
The Mayor requested that his correspondence be
referred to the City Manager and to 1994-95 budget study.
(For full text, see communication and attachments on file
in the City Clerk's Office.)
Mr. White moved that the matter be referred to the
City Manager and to 1994-95 budget study. The motion was
seconded by Mr. McCadden and adopted by the following
vote:
AYES: Council Members McCadden, Musser, White,
Edwards and Mayor Bowers ........ 5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
TRAFFIC-CITY GOVERNMENT-CITY EMPLOYEES: A
communication from Mayor David A. Bowers transmitting
correspondence from Ms. Kimberly T. Outlaw suggesting
that the City institute a license plate program with the
Virginia Department of Motor Vehicles similar to that
used by colleges and civic organizations throughout
Virginia, advising that the tag could either bear the
Seal of the City of Roanoke or another logo incorporating
the star and could recite that Roanoke is the "Star City
of the South", was before Council.
The Mayor requested that the matter be referred to
the City Manager for appropriate follow-up.
(For full text, see communication and attachments on file
in the City Clerk's Office.)
ACTION:
Mr. White moved that the matter be referred to the
City Manager for appropriate follow-up. The motion was
seconded by Mr. McCadden and adopted by the following
vote:
AYES: Council Members McCadden, Musser, White,
Edwards and Mayor Bowers- --5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ROANOKE VALLEY RESOURCE AUTHORITY: John R. Hubbard,
P.E., Chief Executive Officer, Roanoke Valley Resource
Authority, having previously requested time on the agenda
to make a presentation in connection with the City's role
in developing the new waste disposal facilities, the
matter was deferred until a later date.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-SEWERS AND STORM DRAiNS-PIPE LINES/STORAGE
TANKS-UTILITIES: The City Manager submitted a written
report advising that on November 22, 1993, the Director
of Utilities and Operations presented a briefing on the
need to engage a lining contractor and a pipe fitting
contractor on an emergency basis to perform emergency
repairs to a 48-inch concrete and steel welded pipe at
the Sewage Treatment Plant; and Section 41 of the Roanoke
City Charter requires that a formal report of the facts
be presented to Council after a contract is awarded on an
emergency basis.
It was further advised that on December 1, 1993, a
contract was awarded to Insituform East, Inc., in the
amount of $72,000.00, to repair the damaged pipe section;
that in addition, on December 14, 1993, a contract was
awarded to Structures & Utilities Co., Inc., in the
amount of $32,000.00, to cut the section of concrete pipe
433
ACTION:
ACTION:
and the section of steel welded pipe, provide fittings to
permit temporary operations, and to replace the cut
sections after Insituform East provided the lining repair
to the damaged section of pipe; and the work was
performed during the week of January 3, 1994.
The City Manager requested that Council ratify award
of the abovedescribed contracts, pursuant to Section 41
of the City Charter; and appropriate $104,000.00 from
Sewage Fund Previous Years' Retained Earnings to Account
No. 003-056-3155-2048, Maintenance of Equipment.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31836-011894) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Sewage Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 508.)
Mr. White moved the adoption of Ordinance No. 31836-
011894. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Edwards and Mayor Bowers 5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
Mr. White offered the following resolution:
(#31837-011894) A RESOLUTION ratifying the
contracts for emergency repairs to a 48-inch concrete and
steel welded pipe at the Sewage Treatment Plant.
(For full text of Resolution, see Resolution Book No. 55,
page 509.)
Mr. White moved the adoption of Resolution No.
31837-011894. The motion was seconded by Mr. Musser and
adopted by the following vote:
434
AYES: Council Members McCadden, Musser, White,
Edwards and Mayor Bowers ....... 5.
NAYS: None- 0.
(Council Members Bowles and Harvey were absent.)
BUDGET-CONSULTANTS REPORTS-WATER RESOURCES-STREETS
AND ALLEYS: The City Manager submitted a written report
advising that the Feasibility Report for the Carvins Cove
Filter Plant project waterline construction recommended
a route for 13 miles and served as the basis for the
final design Request For Proposal; that Dewberry & Davis
was awarded the design contract for the gravity
distribution system on September 9, 1991, in the amount
of $1,072,816.00; that Amendment No. 1 was approved on
April 6, 1992, in the amount of $22,000.00, to add the
design of the Mt. Pleasant water system upgrade; that
various alignment problems were encountered during the
final design that necessitated major design or plan
modifications; and City staff was informed by Dewberry&
Davis that the additional work would require additional
expenditures, but it was hoped to be able to stay within
the original contract amount and the City would be
notified of any funding shortfall.
It was further advised that various alignment
problems encountered during the final design that
necessitated major design or plan modifications amounted
to $86,327.50, or eight per cent of the original contract
amount; that Contract A has been separated into two
contracts in order to make up for time lost because of
easement acquisition problems and to provide more
opportunity for competitive bidding by local contractors;
and the additional work required in producing separate
bid documents (bid quantities, plans and specifications)
will cost approximately $5,000.00.
The City Manager recommended that Council authorize
issuance of Amendment No. 2 to the contract with Dewberry
& Davis, in the amount of $91,327.50, for additional
design and plan preparation work related to the Carvins
Cove Expansion, Phase II contracts; and that $91,327.50
be transferred from Water Plant Expansion Bonds 92,
Account No. 002-056-8366-9189, to Carvins Cove
Improvements, Phase II, Account No. 002-056-8364-9055.
(For full text, see report on file in the City Clerk's
Office.)
435
ACTION:
ACTION:
Mr. Musser offered the following emergency budget
ordinance:
(#31838-011894) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 510.)
Mr. Musser moved the adoption of Ordinance No.
31838-011894. The motion was seconded by Mr. Edwards and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Edwards and Mayor Bowers ...... 5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
Mr. Musser offered the following resolution:
(#31839-011894) A RESOLUTION authorizing the
execution of Amendment No. 2 to the City's agreement with
Dewberry & Davis for additional engineering services to
be performed in connection with the design of Carvins
Cove Expansion, Phase II, Waterline Construction.
(For full text of Resolution, see Resolution Book No. 55,
page 511.)
Mr. Musser moved the adoption of Resolution No.
31839-011894. The motion was seconded by Mr. Edwards and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Edwards and Mayor Bowers ........ 5.
NAYS: None
®
(Council Members Bowles and Harvey were absent.)
HOUSING/AUTHORITY-S.W. VA. COMMUNITY DEVELOPMENT
FUND-G~%NTS: The City Manager submitted a written report
advising that the Western Virginia Revolving Loan Fund
(WVRLF) program is operated by the Southwest Virginia
Community Development Fund (SVCDF); that the goal of the
program is to provide a pool of capital to help eliminate
the existing financial gap for small and minority-owned
436
businesses and to create and retain local jobs; that
Council authorized the fifth year of funding for the
Revolving Loan Fund as a part of the Community
Development Block Grant (CDBG) application approved by
Council on May 10, 1993, pursuant to Resolution No.
31445-051093; that Council appropriated CDBG funds on
June 28, 1993, pursuant to Ordinance No. 31534-062893,
including $50,000.00 in funding for the Western Virginia
Revolving Loan Fund; and in addition, $35,751.00 is
available for the program in CDBG carryover funds, for a
total funding availability of $85,751.00.
It was further advised that an amendment to the
City's Final Statement of Community Development
Objectives and Projected Use of Community Development
Block Grant Funds is required by the United States
Department of Housing and Urban Development to reflect a
change in the financial administration procedures with
regard to the use of Community Development Block Grant
funds for the Western Virginia Revolving Loan Fund; that
citizens have been notified of the proposed changes and
have had the opportunity to comment on the proposed
changes in the administration of the Revolving Loan Fund;
and an administrative agreement between the City and the
Southwest Virginia Development Fund is necessary for the
funds to be disbursed for business loans.
The City Manager recommended that he be authorized
to amend the fiscal year 1993-94 Community Development
Block Grant Final Statement of Objectives and Projected
Use of Funds, in order to change the description of the
Western Virginia Revolving Loan Fund; and that he be
authorized to execute a Community Development Block Grant
Agreement with the Southwest Virginia Community
Development Fund for administration of the Western
Virginia Revolving Loan Fund for the City of Roanoke.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following resolution:
(#31840-011894) A RESOLUTION authorizing execution
of an amendment to the 1993-94 Final Statement of
Community Development Objectives and Projected Use of
Community Development Block Grant Funds and authorizing
execution of an agreement between the City of Roanoke and
437
ACTION:
the Southwest Virginia Community Development Fund
providing for the administration and grant of CDBG funds.
(For full text of Resolution, see Resolution Book No. 55,
page 511.)
Mr. McCadden moved the adoption of Resolution No.
31840-011894. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Edwards and Mayor Bowers- 5.
NAYS: None
(Council Members Bowles and Harvey were absent.)
TRAFFIC-STATE HiGHWAYS-PLANNING-GRANTS-ECONOMIC
DEVELOPMENT: The City Manager submitted a written report
advising that the Intermodal Surface Transportation Act
of 1991 (ISTEA) authorized the development of a National
Highway System (NHS) to" .... provide an interconnected
system of principal arterial routes which will serve
major population centers, international border crossings,
ports, airports, public transportation facilities and
other intermodal transportation facilities and other
major travel destinations; meet national defense
requirements; and serve interstate and interregional
travel"; that ISTEA further identified in Section 1105,
High Priority Corridors on National Highway System, the
Interstate 73 (I-73), corridor from Charleston, South
Carolina to Detroit, Michigan; and at its meeting on
October 25, 1993, Council adopted Resolution No. 31748-
102593 in support of the alignment for 1-73 through
Virginia that would generally follow Route 460 from the
West Virginia line to Roanoke and Route 220 South from
Roanoke to the North Carolina line.
It was further advised that an alternative alignment
for 1-73 to follow 1-64 east from the West Virginia line
to Clifton Forge and then follow south on U. S. Route 220
to the North Carolina line has been presented by
Alleghany County; and the Fifth Planning District
Commission has requested that both alternatives be
considered by member jurisdictions prior to the next
meeting of the full Commission on January 27, 1994.
438
ACTION:
ACTION:
The City Manager recommended that Council continue
to support an alignment for 1-73 through Virginia that
would generally follow Route 460 from the West Virginia
line to Roanoke and Route 220 South from Roanoke to the
North Carolina line.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Edwards moved that Council
recommendation of the City Manager.
seconded by Mr. McCadden and adopted.
concur in the
The motion was
REFUSE COLLECTION-PUBLIC WORKS-CMERP-FLEET
MAINTENANCE FUND-EQUIPMENT: The City Manager submitted
a written report advising that the Capital Maintenance
and Equipment Replacement Program has identified the need
to replace two 20 cubic yard refuse trucks in the Solid
Waste Department; whereupon, the City Manager recommended
that Council accept the following bids and reject all
other bids received by the City:
two new truck cab/chassis for rear loading
refuse bodies from Magic City Motor
Corporation, for a total cost of $119,627.70;
and
two new 20 cubic yard rear loading refuse
bodies to be mounted on the abovedescribed
cab/chassis from Richmond Machinery &
Equipment Company, Inc., for a total cost of
$43,550.00.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following resolution:
(#31841-011894) A RESOLUTION accepting bids for
certain vehicular equipment, and rejecting other bids.
(For full text of Resolution, see Resolution Book No. 55,
page 512.)
Mr. White moved the adoption of Resolution No.
31841-011894. The motion was seconded by Mr. McCadden
and adopted by the following vote:
439
AYES: Council Members McCadden, Musser, White and
Edwards --- 4.
NAYS: None
(Council Members Bowles and Harvey were absent.)
Bowers abstained from voting.)
(Mayor
REPORTS OF COMMITTEES:
CITY PROPERTY-HOUSING/AUTHORITY-PLANNING-GRANTS-
ASBESTOS REMOVAL-CONSULTANTS REPORTS: Council Member
William White, Sr., Chairperson of a committee appointed
by the Mayor to tabulate bids received for removal and
disposal of asbestos containing materials from residences
at 110 and 111 Wells Avenue, N. W., presented a written
report on behalf of the Committee recommending that
Council take the following actions:
authorize the City Manager to enter into a
contractual agreement, in a form to be
approved by the City Attorney, with HICO,
Inc., in the ameunt of $7,664.00, and ten
consecutive calendar days for completion of
the work;
authorize the City Manager to execute a Right
of Entry Agreement;
authorize the Director of Finance to encumber
the following in the Community Development
Block Grant, Account No. 035-093-9320-5199:
Contract $7,664.00
Contingency 536.00
Total Encumbered $8,200.00
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 ordinance:
(#31842-011894) AN ORDINANCE accepting the bid of
HICO, Inc., of Christiansburg, Virginia, for asbestos
abatement at 110 and 111 Wells Avenue, N. W., upon
certain terms and conditions, and awarding a contract
440
ACTION:
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. 55,
page 513.)
Mr. White moved the adoption of Ordinance No. 31842-
011894. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Edwards and Mayor Bowers 5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
Mr. White offered the following resolution:
(#31843-011894) A RESOLUTION authorizing execution
of a permit agreement between the City of Roanoke and the
Roanoke Redevelopment and Housing Authority in connection
with asbestos abatement at 110 Wells Avenue, N. W.
(For full text of Resolution, see Resolution Book No. 55,
page 514.)
Mr. White moved the adoption of Resolution No.
31843-011894. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Edwards and Mayor Bowers ........ 5.
NAYS: None 0.
(Council Members Bowles and Harvey were absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 31825 rezoning three tracts
of land located at 143, 133 and 129 Norfolk Avenue,
S.W., identified as Official Tax Nos. 1010301,
1010302 and 1010303, respectively, from LM, Light
Manufacturing District, to C-3, Central Business
District, having previously been before the Council for
441
ACTION:
ACTION:
its first reading on Monday, January 10, 1994, read and
adopted on its first reading and laid over, was again
before the body, Mr. McCadden offering the following for
its second reading and final adoption:
(#31825-011894) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 101, Sectional 1976 Zone map, City of Roanoke,
to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 54,
page 504.)
Mr. McCadden moved the adoption of Ordinance No.
31825-011894. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Edwards and Mayor Bowers 5.
NAYS: None ............
-0.
(Council Members Bowles and Harvey were absent.)
ZONING: Ordinance No. 31826 rezoning a tract of
land located at 1910 McVltty Road, $. W., identified as
Official Tax No. 5100809, from RS-l, Residential Single-
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,
January 10, 1994, read and adopted on its first reading
and laid over, was again before the body, Mr. White
offering the following for its second reading and final
adoption:
(#31826-011894) AN ORDINANCE to amend Section 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 applicant.
(For full text of Ordinance, see Ordinance Book No. 54,
page 506.)
Mr. White moved the adoption of Ordinance No. 31826-
011894. The motion was seconded by Mr. McCadden and
adopted by the following vote:
442
ACTION:
AYES: Council Members McCadden, Musser, White,
Edwards and Mayor Bowers -5.
NAYS: None
(Council Members Bowles and Harvey were absent.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-INDUSTRIES-
WATER RESOURCES: Ordinance No. 31832 authorizing the
lease of approximately 140 acres of land located in the
Roanoke Centre for Industry and Technology to Robert W.
Hylton, at a lease fee of $20.00 per acre per year for a
term of five years, upon certain terms and conditions, as
more particularly set forth in a report of the Water
Resources Committee under date of January 10, 1994,
having previously been before the Council for its first
reading on Monday, January 10, 1994, read and adopted on
its first reading and laid over, was again before the
body, Mr. Edwards offering the following for its second
reading and final adoption:
(#31832-011894) AN ORDINANCE authorizing the lease
of City-owned property to Robert W. Hylton, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 507.)
Mr. Edwards moved the adoption of Ordinance No.
31832-011894. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Edwards and Mayor Bowers --5.
NAYS: None
(Council Members Bowles and Harvey were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
PUBLIC WORKS-SNOW REMOVAL: Mr. White requested a
briefing with regard to snow removal efforts to date;
whereupon, the City Manager advised that the City's
overtime account at this point is within the amount of
funds budgeted; however, further overtime expenses may
cause the need for certain adjustments.
443
OTHER HEARINGS OF CITIZENS: None.
There being no further business, the Mayor declared the
meeting adJou£ned at 2:45 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
444
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
January 24, 1994
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, January 24,
1994, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Howard E. Musser, William White,
Sr., Elizabeth T. Bowles, John S. Edwards, James G. Harvey, II,
Delvis O. McCadden and Mayor David A. Bowers 7.
ABSENT: None-- 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend John D.
Cannon, Associate Pastor, North Roanoke Baptist Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
ACTS OF ACKNOWLEDGEMENT-VIRGINIA TECH: Mr. McCadden
offered the following resolution:
(~31835-012494) A RESOLUTION commending and
congratulating the Virginia Tech football team and Coach
Frank Beamer for an outstanding season, culminating in
the team's 45-20 victory over the University of Indiana
in the Independence Bowl.
(For full text of Resolution, see Resolution Book No. 55,
page 532.)
ACTION: Mr. McCadden moved the adoption of Resolution No.
31835-012494. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White,
Edwards, Harvey, McCadden and Mayor Bowers
NAYS: None
Bowles,
7.
445
ACTION:
The Mayor presented Coach Frank Beamer with a Key to
the City and a framed copy of Resolution No. 31835-
012494. He presented each member of the basketball team
with a Virginia Cup with the Roanoke City Seal attached
thereto.
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 an Executive
Session to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council;
and a matter with regard to specific legal matters
requiring the provision of legal advice by counsel being
the terms and conditions of a new gas franchise.
MINUTES: Extracts of minutes of the regular
meetings of Council held on Monday December 13, 1993, and
Monday, December 20, 1993; and minutes of the special
meeting of Council held on Tuesday, January 18, 1994,
were before the body.
(For full text, see extracts of minutes and minutes on
file in the City Clerk's Office.)
Mrs. Bowles moved that the reading of the extracts
of minutes and the minutes be dispensed with and that the
extracts of minutes and the minutes be approved as
recorded. The motion was seconded by Mr. Edwards and
adopted by the following vote:
AYES: Council Members Musser, White,
Edwards, Harvey, McCadden and Mayor Bowers
NAYS: None
Bowles,
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
446
ACTION:
ACTION:
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Edwards and adopted by the following vote:
AYES: Council Members Musser, White,
Edwards, Harvey, M¢Cadden and Mayor Bowers
Bowles,
NAYS: None 0.
COUNCIL: A report of the City Attorney requesting
that Council meet in Executive Session to discuss
specific legal matters requiring the provision of legal
advice by counsel, being the terms and conditions of a
new gas franchise, 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 Attorney 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 new gas franchise, pursuant to Section 2.1-344
(A)(7), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Edwards and adopted by the following
vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ........ 7.
NAYS: None 0.
BUDGET-CITY EMPLOYEES: A report of the City Manager
advising that personnel lapse is generated due to
employee turnover and vacancies in City departments; that
for the current fiscal year, salary savings of
$725,000.00 are projected as a result of vacancies; and
the following figures represent the status of the
Personnel Lapse for Fiscal Year 1993-94 as of
December 31, 1993, was before Council.
General Fund:
Total Budgeted Personnel Lapse
($725,000.00)
First Quarter Personnel Lapse Generated $269,159.00
447
ACTION:
Second Quarter Personnel Lapse Generated
October
November
December
$96,800.00
64,346.00
85e157.00
$246,303.00
Less Revenue Adjustment
(34,660.00)
Net Second Quarter Reduction
211e643.00
Personnel Lapse Balance Remaining
after First and Second Quarters
(S244,198.00).
(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. Edwards and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers ..... 7.
NAYS: None. 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
POLICE DEPARTMENT: The Director of Public Safety
advised that in 1991, the City developed and implemented
a Community-Oriented Policing Effort, otherwise known as
C.O.P.E. He stated that the first program took place in
the Lincoln Terrace section of the City in August 1991;
that during the fall season of 1991, the program was
expanded to the west, into the area of Hunt Avenue; and
three months later, the program was further expanded to
include the Hurt Park neighborhood. He added that
Council later approved funds for a second C.O.P.E. unit,
in the amount of $328,000.00; and since that time, the
Police Department has recruited, screened and trained
police officers, with training for the second unit having
448
been completed in the summer of 1993. He explained that
C.O.P.E. does not take the place of quality police
patrol, that it is not a panacea or a quick fix to
changing police operations in any urban City; however, it
is a philosophy, or a way of thinking, and when the
concept exists within a police department, police
resources are integrated with all other resources of
local government. He added that the program also
provides a link between the Police Department and the
individuals wearing the uniforms with the people who live
in the neighborhoods; that police operational approaches
are moved away from focusing on individual police
incidents and more on focusing on problem solving; and
individual police officers are empowered to do more
because they have more resources with which to work,
thereby, providing a broader focus on the quality of life
in the community, rather than focusing on crime control
only.
Following the viewing of a video on the C.O.P.E.
effort, Police Chief M. David Hooper advised that the
Police Department is dedicated to providing honest,
efficient and effective law enforcement service and
protection of life, property and civil liberties for all
persons in a fair and equitable manner. He stated that
police services have changed dramatically over the years
and will continue to do so; and it was believed at the
time the C.O.P.E. approach was developed that a better
partnership between the police and the community was
absolutely essential if the Police Department was to
provide efficient and effective service. He stated that
by involving police officers and citizens of the
community, by identifying what each believe to be the
problem or problems, and by arriving at a consensus on an
approach to address the problem(s), substantial support
has been created from both sides. He further stated that
in addition, the C.O.P.E. Unit acts as a conduit with
private enterprise in trying to find a solution to help
the community organize to the extent that citizens take
a certain amount of control over their lives and their
future; that once organized, the Police Department
continues what it calls "maintenance" to carzy on the
processes that have already started; and if a problem
reoccurs, manpower and/or resources will be available to
deal with the situation. He explained that current
activities remain in the Lincoln Terrace, Hunt Avenue and
Hurt Park areas, and the C.O.P.E. Unit is now in a
position to expand the program. He stated that the same
criteria was used in determining other areas in which to
expand, such as an examination of crime statistics, an
449
examination of activities, an evaluation of patrol
officers working the area, an evaluation of supervisory
officers assigned to the area, and examination of
intangibles, such as the fears and tensions that exist
within the community, and to this extent, the Indian Rock
Village and Jamestown Place housing developments in
southeast Roanoke have been determined to be the next
areas to be targeted by the C.O.P.E. Unit. Chief Hooper
expressed appreciation for Council's support of the
Community-Oriented Policing Effort since its inception in
1991.
Without objection by Council, the Mayor advised that
the oral briefing would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-TRAFFIC-PUBLIC WORKS-SNOWREMOVAL-STREETSAND
ALLEYS: The City Manager submitted a written report
advising that major snow storms occurred in the Roanoke
Valley on December 20, 25, and 27, 1993, and on January 3
and 17, 1994, which deposited approximately 17 inches of
snow at the Roanoke Regional Airport; that the 1993-94
budget included $1!0,120.00 for snow removal from City
streets and rights-of-way for overtime salaries,
supplies, and chemicals; and other operating accounts are
used for regular salary and equipment costs.
It was further advised that City employees continue
to struggle with extreme cold and icy conditions; that
approximately 5,943 hours of regular time and 3,144 hours
of overtime have been expended to date plowing and
spreading salt and abrasives on streets, and keeping
equipment in service, etc; that salary costs to date has
been approximately $94,871.00; that City equipment has
operated more than 5,184 hours, with the cost of fuel,
parts and supplies to date in excess of $7,089.00; that
2,480 tons of rock salt and abrasives have been spread on
streets and bridges, at a cost of more than $94,392.00;
and total cost for snow removal to this date has been
approximately $196,352.00.
The City Manager recommended that Council authorize
the Director of Finance to increase the revenue estimate
for Street Maintenance Account No. 001-020-1234-0650 and
appropriate $28,673.00; and that $16,000.00 be
transferred from the General Fund Streets and Traffic
Account No. 001-052-4110-3055 and $12,407.00 from General
Fund Contingency Account No. 001-002-9410-2199 to the
following Snow Removal accounts:
4, 0
ACTION
Overtime No. 001-052-4140-1003 $10,000.00
FICA No. 001-052-4140-1120 765.00
Chemicals No. 001-052-4140-2045 46t315.00
$57,080.00
Mr. Harvey offered the following emergency budget
ordinance:
(#31845-012494) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 533.)
Mr. Harvey moved the adoption of Ordinance No.
31845-012494. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers --7.
NAYS: None
BUDGET-TRAFFIC-STATE HIGHWAYS-PLANNING-HOTEL ROANOKE
CONFERENCE CENTER-VIRGINIA TECH-CONSULTANTS REPORTS-
STREETS ANDALLEYS: 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, N. W., and First Street/Gainsboro Road from
Madison Avenue, N. W., to Salem Avenue, S. W., and the
intersection of Orange Avenue and Gainsboro Road; and
redevelopment proposed for 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.
It was further advised that on July 27, 1987,
Council authorized agreements withVDOT by which the City
assumed responsibility for administering all aspects of
the First Street/Gainsboro Road and Wells Avenue
projects; 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 VDOT for the
City's five per cent share of the contract.
451
It was explained that Downtown North Development
Plan results were released on May 11, 1989, 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; that on October 1, 1990, Council approved the
location and major design features of the widening and
realignment of Second Street/Gainsboro Road from Salem
Avenue to Orange Avenue; that on August 9, 1993, Council
approved the location and major design features of the
realignment of Wells Avenue, N. W., from Williamson Road,
to Second Street, N. W.; and total costs invoiced by
Mattern & Craig, Inc., for the project through
December 4, 1993, include $1,385,244.58 for Second
Street/Gainsboro Road and $390,265.04 for Wells Avenue,
with the City's share of costs totalling $162,419.00.
It was further explained that a supplemental
agreement to the contract with Mattern & Craig, Inc., is
needed to address the following engineering services:
A redesign of the bridge railing for the
Second Street/Gainsboro Road Bridge to enhance
the appearance of the bridge. The bridge rail
originally planned consisted of three aluminum
rails which is a standard feature on many
bridges in Virginia. The proposed bridge rail
is a single black rail of equivalent cost that
has a greater aesthetic quality. The redesign
effort is primarily associated with redesign
of the bridge support structure for the
proposed bridge rail.
a design effort to incorporate underground
placement of Appalachian Power Company's
(APCO) facilities in the roadway plans, which
will cause the roadway contractor to be
responsible for the construction rather than
APCO, thereby reducing the amount of time that
Wells Avenue will be disrupted, and will be
advantageous by making the contractor solely
responsible for this effort rather than risk
delays that could be caused by others.
The City Manager recommended that Council authorize
execution of Amendment No. 9 to the City's contract with
Mattern & Craig, Inc., Consulting Engineers, for
additional engineering services for "Widening and
Realignment of Second Street/Gainsboro Road and Wells
452
ACTION:
ACTION:
Avenue", to provide for an increase of $26,705.30,
subject to VDOT approval, for a total amount not to
exceed $2,484,462.60; and appropriate $28,040.57 to
Account No. 008-052-9547-9007, of which $1,335.27 is to
be transferred from the Streets and Bridges category of
1992A Bond Series and $26,705.30 will be reimbursed by
the Virginia Department of Transportation.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31846-012494) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 534.)
Mr. Musser moved the adoption of Ordinance No.
31846-012494. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers 7.
NAYS: None 0.
Mr. Musser offered the following resolution:
(#31847-012494) A RESOLUTION authorizing an
Amendment to the City's engineering services contract
with Mattern & Craig, Inc., Consulting Engineers, to
provide for additional engineering services relating to
the widening and realignment of Second Street/Gainsboro
Road and Wells Avenue Projects.
(For full text of Resolution, see Resolution Book No. 55,
page 535.)
Mr. Musser moved the adoption of Resolution No.
31847-012494. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers 7.
NAYS: None 0.
453
ACTION=
FIRE DEPARTMENT-CMERP-FLEET MAINTENANCE FUND-
EQUIPMENT: The City Manager submitted a written report
advising that the Capital Maintenance and Equipment
Replacement Program has identified the need to replace
one fire pumping engine complete with optional equipment;
whereupon, the City Manager recommended that Council
accept the lowest responsible bid submitted by KME Fire
Apparatus, in the amount of $233,390.00, and the purchase
of miscellaneous operational equipment from Fire Brand,
Inc., in the amount of $22,862.70; and that all other
bids received by the City be rejected.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following resolution:
(#31848-012494) A RESOLUTION accepting bids made to
the City for furnishing and delivering one new fire
pumping engine and miscellaneous operational equipment;
and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 55,
page 536.)
Mr. McCadden moved the adoption of Resolution No.
31848-012494. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers 7.
NAYS: None 0.
TRAFFIC-PUBLIC WORKS-STREETS AND ALLEYS: The City
Manager submitted a written report advising that traffic
paint is necessary to properly mark City streets;
whereupon, he recommended acceptance of the bid submitted
by Linear Dynamics, Inc., in the amount of $37,746.00,
for the purchase of 7,200 gallons of traffic paint; and
that all other bids received by the City be rejected.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
454
ACTION:
ACTION:
(#31849-012494) A RESOLUTION accepting the bid of
Linear Dynamics, Inc., made to the City for furnishing
and delivering 7,200 gallons of traffic paint, and
rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 55,
page 537.)
Mrs. Bowles moved the adoption of Resolution No.
31849-012494. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers 7.
NAYS: None
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance
submitted the financial report for the City of Roanoke
for the month of December 1993.
(For full text, see financial report on file in the City
Clerk's Office.)
Mr. White moved that the financial report be
received and filed. The motion was seconded by Mr.
McCadden and unanimously adopted.
CITY ATTORNEY:
BONDS/BONDISSUES-TAXES-LEGISLATION-CITYGOVERNMENT-
HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The City
Attorney submitted a written report advising that the
Hotel Roanoke Conference Center Project may be eligible
for sales tax rebates under the Public Facilities Act;
that the 1992 Session of the General Assembly enacted the
Public Facilities Act, Sections 15.1-277.66 through 15.1-
277.69, Code of Virginia (1950), as amended; that the Act
provides that a municipality which has issued bonds for
a "public facility", as defined by the Act, shall be
entitled to sales tax revenues (not including the one-
half per cent of sales tax paid to the Transportation
Trust Fund or the one per cent distributed on the basis
of school age population) generated by transactions
taking place in such facility for the life of the bonds
not to exceed 30 years (Section 15.1-277.67); and all
455
ACTION:
sales tax revenues shall be applied to repayment of the
bonds, and no remittances will be made by the State
Department of Taxation until construction is complete
(Section 15.1-227.67).
It was furthe~ advised that no municipality shall be
entitled to receive any sales tax revenue unless the
State Council on Local Debt has approved the debt service
structure and feasibility of the municipality's project
(Section 15.1-227.69); that the State Council is also
required by the Act to develop guidelines to assist
municipalities in developing feasibility studies to
demonstrate the financial soundness of public facility
projects (Section 15.1-227.69); that in order to meet its
obligations under the Public Facilities Act, the State
Council on Local Debt has promulgated "Guidelines for the
Approval of Public Facility Projects", which require a
feasibility study with respect to the public facility
project and that an application for approval of the
project be submitted to the State Council at least three
weeks prior to its scheduled meeting; and the application
must be authorized by a resolution of the municipality's
governing body.
The City Attorney recommended that Council adopt a
resolution authorizing the City Manager to file an
application pursuant to the Guidelines of the State
Council on behalf of the Hotel Roanoke Conference Center
Project.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31850-012494) A RESOLUTION authorizing the City
Manager to file an application with the State Council on
Local Debt seeking qualification of the Hotel Roanoke and
Conference Center Project for certain sales tax rebates
under the Public Facilities Act; authorizing the Director
of Finance and City Attorney to take certain other
required actions; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 55,
page 538.)
Mr. Harvey moved the adoption of Resolution No.
31850-012494. The motion was seconded by Mr. Musser and
adopted by the following vote:
456
ACTION:
ACTION:
AYES: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers--- 7.
NAYS: None--
0
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report
advising of expiration of the terms of office of
Marilyn L. Curtis, M. Wendy O'Neil and James M. Turner,
Jr., as Trustees of the Roanoke City School Board on
June 30, 1994, and that applications for the upcoming
vacancies will be received in the City Clerk's Office
until 5:00 p.m., on Thursday, March 10, 1994.
(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. Harvey and
unanimously adopted.
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.
At 3:20 p.m., the Mayor declared the meeting in
recess.
At 3:50 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session just
concluded, Mr. Edwards moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
457
considered by City Council. The motion was seconded by
Mr. McCadden and adopted by the following vote:
AYES: Council Members Musser, White,
Edwards, Harvey, McCadden and Mayor Bowers-
Bowles,
--7,
NAYS: None 0.
OATHS OF OFFICE-COMMITTEES-CELEBRATIONS-SPECIAL
EVENTS: The Mayor advised that there is a vacancy on the
Special Events Committee, created by the resignation of
John R. Rhone, for a term ending June 30, 1994, and
called for nominations to fill the vacancy.
Mr. Musser placed in nomination the name of Pearl
FU.
There being no further nominations, Ms. Fu was
elected as a member of the Special Events Committee, for
a term ending June 30, 1994, by the following vote:
ACTION:
FOR MS. FU: Council Members Musser, White, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers --7.
There being no further business, the Mayor declared the
meeting adjourned at 3:55 p.m.
AP P ROVED
ATTEST:
City Clerk
Mayor
458
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
February 7, 1994
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, February 7,
1994, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members William White, Sr., Elizabeth T.
Bowles, James G. Harvey, II, Delvis O. McCadden, Howard E. Musser
and Mayor David A. Bowers 6.
ABSENT: Council Member John S. Edwards-
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Tyler R.
Burkett, Pastor, Green Ridge Baptist Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
BID OPENINGS
INDUSTRIES-WATER RESOURCES: Pursuant to notice of
advertisement for bids for construction of a 500,000
gallon water storage tank in the Roanoke Centre for
Industry and Technology, said bids to be received by the
City Clerk until 1:30 p.m., on Monday, February 7, 1994,
and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the
matter may be heard, the Mayor asked if anyone had any
questions about the advertisement for bids, and no
representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of
the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER
BASE BID TOTAL
Caldwell Tanks
CBI Na-Con
Phoenix Fabricators
PDM, Inc.
Brown Steel Contractors
$571,000.00
No Bid
586,107.00
No Bid
670,480.00
$668,300.00
686,600.00
705,727.00
795,000.00
822,280.00
459
ACTION:
ACTION:
ACTION:
ACTION:
(For full text, see bids on file in the City Clerk's
Office.)
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and adopted.
The Mayor appointed William White, Sr., Chairperson,
Kit B. Kiser, and M. Craig Sluss as members of the
committee.
INDUSTRIES-WATER RESOURCES: Pursuant to notice of
advertisement for bids for construction of 2,850 feet of
16-inch water line and associated work in the Roanoke
Centre for Industry and Technology, said bids to be
received by the City Clerk until 1:30 p.m., on Monday,
February 7, 1994, and to be held, opened and read before
the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for
bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and
read the following bids:
BIDDER
TOTAL AMOUNT
J. P. Turner & Bros., Inc.
Dixon Contracting, Inc.
Prillaman & Pace, Inc.
E. C. Pace Co., Inc.
Aaron J. Conner General
Contractor, Inc.
C. R. Meador General Contractor
$171,036.50
176,736.00
180,008.00
195,064.00
256,359.63
272,046.00
(For full text, see bids on file in the City Clerk's
Office.)
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. McCadden and adopted.
The Mayor appointed William White, Sr., Chairperson,
Kit B. Klser and M. Craig Sluss as members of the
committee.
460
ACTION:
ACTION:
WATER RESOURCES: Pursuant to notice of
advertisement for bids for Carvins Cove Phase II Water
Improvements Project, Contract A-I, said bids to be
received by the City Clerk until 1:30 p.m., on Monday,
February 7, 1994, and to be held, opened and read before
the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for
bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and
read the following bids:
BIDDER TOTAL A TOTAL B
Aaron J. Conner General
Contractor, Inc.
Bryant Electric Co., Inc.
Yates Construction Co.,
Inc.
F. L. Showalter, Inc.
E. C. Pace Co., Inc.
W. L. Nailey Co., Inc.
Casper Colosimo & Son,
Inc.
Laramore Construction
Co., Inc.
Dixon Contracting, Inc.
$1,254,475.00
1,296,788.00
1,316,690.00 $1,336,690.00
1,601,220.00
1,604,900.00 1,624,900.00
1,622,500.00 1,532,500.00
1,711,150.00 1,714,150.00
1,862,185.00
1,854,100.00
1,931,935.00
1,971,100.00
(For full text, see bids on file in the City Clerk's
Office.)
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. McCadden and adopted.
The Mayor appointed William White, Sr., Chairperson,
Kit B. Klser, and M. Craig Sluss as members of the
committee.
WATER RESOURCES: Pursuant to notice of
advertisement for bids for Carvins Cove Phase II Water
Improvements Project, Contract A-2, said bids to be
received by the City Clerk until 1:30 p.m., on Monday,
February 7, 1994, and to be held, opened and read before
the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for
bids, and no representative present raising any question,
461
ACTION:
ACTION:
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
TOTAL AMOUNT
Yates Construction Co., Inc.
Laramore Construction Co., Inc.
F. L. Showalter, Inc.
Casper Colosimo & Son, Inc.
W. H. Hai!ey and Co., Inc.
Aaron J. Conner General
Contractor, Inc.
$1,161,366.00
1,469,735.00
1,470,648.00
1,480,155.00
1,599,500.00
1,734,967.70
(For full text, see bids on file in the City Clerk's
Office.)
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. McCadden and adopted.
The Mayor appointed William White, Sr., Chairperson,
Kit B. Kiser and M. Craig Sluss as members of the
committee.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council; and to
discuss the disposition of publicly held property,
specifically property previously used for a sanitary
landfill.
MINUTES: Minutes of the regular meetings of Council
held on Monday, December 13, 1993, Monday, December 20,
1993, and the joint meeting of Council and the School
Board held on Monday, December 20, 1993, were before the
body.
(For full text, see minutes on file in the City Clerk's
Office.)
462
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that the reading of the minutes be
dispensed with and that the minutes be approved as
recorded. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None --- 0.
(Council Member Edwards was absent.)
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. McCadden and adopted by the following vote:
AYES: Council Members White, Bowles,
McCadden, Musser and Mayor Bowers
Harvey,
6.
NAYS: None 0.
(Council Member Edwards was absent.)
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss a
matter with regard to the disposition of publicly held
property, specifically property previously used for a
sanitary landfill, 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, specifically property previously
463
ACTION
used for a sanitary landfill, pursuant to Section 2.1-344
(A)(3), Code of Virginia (1950), as amended. The motion
was seconded by Mr. McCadden and adopted by the following
vote:
AYES: Council Members White, Bowles, Harvey,
McCadden, Musser and Mayor Bowers- --6.
NAYS: None
(Council Member Edwards was absent.)
TRAFFIC-STATE HIGHWAYS: A communication from
Mayor David A. Bowers transmitting correspondence from
the Virginia Department of Transportation advising that
at its meeting on January 20, 1994, the commonwealth
Transportation Board of Virginia approved the location
and major design features of the Route ll/Brandon Avenue
Project, as proposed and presented at the October 28,
1992, public hearing with modifications in the final
design phase to provide a bicycle facility within the
proposed typical section, and agreed to study the
feasibility of reducing the raised concrete island on the
approach leg of Peters Creek Road, was before Council.
(For full text, see communications on file in the City
Clerk's Office.)
Mrs. Bowles moved that the communications be
received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden, Musser and Mayor Bowers ---6.
e
NAYS: None'
(Council Member Edwards was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKEARTS COMMISSION:
A communication from Mimi Hodgin, Chairperson, Roanoke
Arts Commission, advising of the resignations of Melody
Stovall and Fletcher Nichols as members of the Roanoke
Arts Commission, effective immediately, was before
Council.
(For full text, see communication on file in the City
Clerk's Office.)
464
ACTION:
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ACTION:
Mrs. Bowles moved that the communication be received
and filed and that the resignations be accepted with
regret. The motion was seconded by Mr. McCadden and
adopted by the following vote=
AYES: Council Members White,
McCadden, Musser and Mayor Bowers---
Bowles, Harvey,
6.
NAYS: None 0.
(Council Member Edwards was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: A communication from Jan P. Wllkins
tendering his resignation as a member of the Roanoke
Neighborhood Partnership Steering Committee, effective
immediately, was before Council.
(For full 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. McCadden and
adopted by the following vote:
AYES: Council Members White,
McCadden, Musser and Mayor Bowers
Bowles, Harvey,
6.
NAYS: None 0.
(Council Member Edwards was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: A communication from Mary Lou Lear
tendering her resignation as a member of the Roanoke
Neighborhood Partnership Steering Committee, effective
immediately, was before Council.
(For full 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. McCadden and
adopted by the following vote:
465
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ACTION:
AYES: Council Members White,
McCadden, Musser and Mayor Bowers
Bowles, Harvey,
6.
NAYS: None
(Council Member Edwards was absent.)
OATHS OF OFFICE-COMMITTEES-AIR POLLUTION CONTROL:
A report of qualification of Versal R. Dearing as a
member of the Advisory and Appeal Board, Air Pollution
Control, for a term ending December 31, 1997, was before
Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
McCadden and adopted by the following vote:
AYES: Council Members White, Bowles,
McCadden, Musser and Mayor Bowers
Harvey,
6.
NAYS: None
(Council Member Edwards was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY:
John R. Hubbard, Chief Executive Officer, Roanoke Valley
Resource Authority, appeared before Council and presented
the City with a replica of the "Waste Line Express" in
recognition of the City's dedication, leadership and
assistance in developing new waste disposal facilities.
On behalf of the Members of Council, the Mayor
expressed appreciation, and advised that the remarks of
Mr. Hubbard would be received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-CMERP-SCHOOLS: A communication from the
Roanoke City School Board requesting that Council
appropriate $75,000.00 from the 1993-94 Capital
Maintenance and Equipment Replacement Fund to be used for
repair of weather related damages to the roof at
Persinger Hall, Patrick Henry High School, was before the
body.
466
ACTION:
A report of the Director of Finance advising that
the request will appropriate $75,000.00 from the
$1,227,920.00 school portion of Capital Maintenance and
Equipment Replacement Program funds; and the ltem
presently before Council represents the third request for
appropriation of fiscal year 1993-94 CMERP funds, leaving
a remaining balance of $238,755.00, was also before
Council.
The Director of Finance recommended that Council
concur in the request.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. White offered the following emergency budget
ordinance:
(#31851-020794) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 School Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 540.)
Mr. White moved the adoption of Ordinance No. 31851-
020794. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None 0.
(Council Member Edwards was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-FDETC: The City Manager submitted a
written report advising that the Fifth District
Employment and Training Consortium was awarded Title III
Program Year carryover funding from July 1, 1992 to
June 30, 1993 to serve dislocated workers with planned
programs which include on-the-Job training, classroom
training, customized training, remedial education and Job
468
ACTION=
Mrs. Bowles moved the adoption of Ordinance No.
31852-020794. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowles,
McCadden, Musser and Mayor Bowers
Harvey,
6.
NAYS: None -0.
(Council Member Edwards was absent.)
POLICE DEPARTMENT-CITY EMPLOYEES: The City Manager
submitted a written report advising that Resolution No.
4748 adopted by Council on February 28, 1936, established
a policy for payment of a salary supplement to injured
employees in the Fire and Police Departments for a period
of 60 days; that the intent of the salary supplement was
to ensure that a police officer or firefighter will
receive his full salary if an accident occurs on the job
and causes the employee to lose time from work; that
Police Sgt. William Moser suffered significant Job
related injuries on January 23, 1991, in a vacant
building when he fell through an opening in the floor
covered with plastic and into the basement; that the
accident was accepted by the City Workers' Compensation
Program; and Council approved supplemental salary
payments to Sgt. Moser inasmuch as it was clear that he
would qualify for the benefit by being unable to work
after 60 days.
It was explained that a rehabilitation plan to bring
Sgt. Moser back into the work environment was designed by
a rehabilitation therapist retained by the City, which
plan was reviewed by Mgr. Moser and his doctors prior to
implementation; that Sgt. Moser began modified duty in
July 1992 performing computer data entry in the City's
warehouse; that Sgt. Moser has filed a lawsuit in the
Circuit Court for the City of Roanoke against various
parties involved in the ownership and renovation of the
building in which the accident occurred; that it is the
contention of Sgt. Moser that the defendants knew, or had
reason to know, of the unreasonably dangerous condition
of the premises and failed to take steps to prevent the
accident; that the local court recently ruled that the
lawsuit does not state a valid claim against the
defendants because of a doctrine of law known as
"Fireman's Rule" which, in very general terms, exempts
the owner of real property from liability for injuries to
police officers or firefighters who enter the premises in
order to perform a public function; that Sgt. Moser's
469
ii
~C?ION:
attorney has advised that he intends to appeal the
decision; that it will be several months before the
Supreme Court of Virginia will decide whether or not to
accept the appeal; and if the appeal is accepted, a final
decision could take several additional months.
It was pointed out that Sgt. Moser's rehabilitation
through modified duty ended in January 1993; that
vocational training will continue at the warehouse
through June 30, 1994, to allow Sgt. Moser to complete an
extensive physical therapy program; that it is necessary
for Council to authorize an extension of salary
supplements; and continuing salary supplements until
June 30, 1994, will permit the vocational program to be
implemented and evaluated.
The City Manager recommended that Council authorize
salary supplements for Sgt. Moser until June 30, 1994, or
until such employee returns to a normal job function,
whichever shall first occur.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31853-020794) A RESOLUTION extending the pay
benefits provided for by Resolution No. 4748 for a
certain employee of the Police Department.
(For full text of Resolution, see Resolution Book No. 55,
page 543.)
Mr. Harvey moved the adoption of Resolution No.
31853-020794. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden, Musser and Mayor Bowers-- 6.
NAYS: None
(Council Member Edwards was absent.)
TRAFFIC-STATE HIGHWAYS-STREETSANDALLEYS: The City
Manager submitted a written report advising that the Code
of Virginia establishes eligibility criteria of
localities for receiving funds from the Virginia
Department of Transportation (VDOT) for street
maintenance, which specifies two functional
classifications of highways (Principal/Minor Arterials
47O
ACTION=
and Collector/Locals) and establishes a base payment rate
per lane mile for each classification of roadway; that
the rates are adjusted annually by VDOT based upon a
statewide maintenance index of unit costs for labor,
equipment and materials used by VDOT on roads and
bridges; and City eligibility for fiscal year 1993-94 is
approximately $6,489,873.00 in street maintenance
payments from VDOT, which funds are used for certain
maintenance expenditures that the City incurs for
streets, sidewalks, curb and gutter, traffic signals,
bridges, signs and pavement markings.
It was further advised that Inventory additions need
to be submitted to the Virginia Department of
Transportation prior to April 1, 1994, in order to be
eligible for payment for the next fiscal year; that
additions are to be submitted on VDOT forms with an
accompanying resolution from City Council; that City
staff has found that Blue Hills Circle, N. E., should be
submitted to VDOT prior to April 1, 1994, to enable
eligibility for payment in the next fiscal year; and
approval of this addition to the street inventory could
increase current year payment rates by $4,055.00.
The City Manager recommended that he be authorized
to submit a street inventory for State maintenance
payment eligibility to the Virginia Department of
Transportation (VDOT), upon forms prescribed by VDOT for
approval by the Commonwealth Transportation Board.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31854-020794) 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 VDOT for approval by the Commonwealth
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. 55,
page 545.)
Mr. Musser moved the adoption of Resolution No.
31854-020794. The motion was seconded byMrs. Bowles and
adopted by the following vote:
471
AYES: Council Members White,
McCadden, Musser and Mayor Bowers
Bowles, Harvey,
6.
NAYS: None
(Council Member Edwards was absent.)
BUDGET-TRAFFIC-CMERP-WATER RESOURCES-STREETS AND
ALLEYS: The City Manager submitted a written report
advising that the paving of Main Street, S. W., from
Brandon Avenue to Wasena Avenue was originally planned
for the 1993 Paving Program due to pavement condition;
that water line construction in this portion of Main
Street, as part of the overall Carvins Cove Water
Transmission Line Project, necessitated that repaying
Main Street be deferred until 1994; and neighborhood
streets adjacent to Main Street, which were also in need
of paving, were repaved in 1993 as a substitute for Main
Street in order to use the quantities available in that
specific paving contract.
It was further advised that the Tour DuPont bicycle
race scheduled for May 9, 1994, incorporates the
abovedescribed segment of Main Street in its route; that
the roadway condition was made worse by the waterline
project and is presently unacceptable for a bicycle race;
that the May 9, 1994 race date occurs earlier than the
annual paving contract start date which is generally
late-May to early-June; that three bids for profiling and
repaying Main Street, S. W., were received after due and
proper advertisement; and the lowest bid, in the amount
of $79,353.50, was submitted by S. R. Draper Paving
Company.
The City Manager recommended that council approve
the following actions:
award a contract to S. R. Draper Paving
Company, on a unit price basis, in the amount
of $79,353.50;
transfer $79,353.50 from the Capital
Maintenance and Equipment Replacement Program
to Street Paving Account No. 001-05Z-41Z0-
2010; and
reject all other bids received by the City.
(For full text, see report on file in the City Clerk's
Office.)
472
ACTION:
ACTION:
Mr. McCadden offered the following emergency budget
ordinance:
(#31855-020794) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 545.)
Mr. McCadden moved the adoption of Ordinance No.
31855-020794. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None 0.
(Council Member Edwards was absent.)
Mr. McCadden offered the following emergency
ordinance:
(#31856-020794) AN ORDINANCE accepting the bid of
S. R. Draper Paving Company for repaying Main Street,
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. 55,
page 546.)
Mr. McCadden moved the adoption of Ordinance No.
31856-020794. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: -Council Members White, Bowles, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None 0.
(Council Member Edwards was absent.)
POLICE DEPARTMENT-PUBLIC WORKS-CMERP-FLEET
MAINTENANCE FUND-EQUIPMENT: The City Manager submitted
a written report advising that the Capital Maintenance
and Equipment Replacement Program has identified the need
for replacement of 15 Police automobiles and emergency
ACTION'
473
light systems; whereupon, the City Manager recommended
that Council accept the following bids and reject all
other bids received by the City:
15 new full size Police automobiles from
Berglund Chevrolet, Inc., in the amount of
$210,511.05; and
15 new emergency light systems to be mounted
on the above Police automobiles from Federal
Signal Corporation, in the amount of
$14,685.00.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31857-020794) A RESOLUTION accepting the bid of
Berglund Chevrolet, Inc., to provide motor vehicles for
use by the Police Department; accepting the bid of
Federal Signal Corporation for emergency lights for the
police automobiles; and rejecting all other bids made for
such items.
(For full text of Resolution, see Resolution Book No. 55,
page 547.)
Mr. Musser moved the adoption of Resolution No.
31857-020794. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White,
McCadden and Musser
Bowles, Harvey,
(Council Member
NAYS: None'
(Mayor Bowers abstained from voting.)
Edwards was absent.)
PUBLIC WORKS-CMERP-FLEETMAINTENANCE FUND-EQUIPMENT:
The City Manager submitted a written report advising that
the Capital Maintenance and Equipment Replacement Program
has identified the need to replace an articulating
loader, a loader/backhoe and two vacuum leaf loaders in
the Grounds Maintenance Department; whereuDon, the City
Manager recommended that Council accept the following
bids and reject all other bids received by the City:
474
ACTION=
one new articulating loader and one new
backhoe loader from Baker Brothers, Inc., in
the amount of $79,745.00 and $56,785.00,
respectively; and
two new vacuum leaf loaders from Virginia
Public Works Equipment Company, in the amount
of $11,646.00.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following resolution:
(#31858-020794) A RESOLUTION accepting bids for
certain vehicular equipment, and rejecting other bids.
(For full text of Resolution, see Resolution Book No. 55,
page 549.)
Mrs. Bowles moved the adoption of Resolution No.
31858-020794. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowles, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None
(Council Member Edwards was absent.)
PUBLIC WORKS-ROANOKE CIVIC CENTER-CMERP-FLEET
MAINTENANCE FUND-EQUIPMENT: The City Manager submitted
a written report advising that the Capital Maintenance
and Equipment Replacement Program has identified the need
to replace a 5,000 pound rated forklift truck at the
Roanoke Civic Center; whereupon, the City Manager
recommended that Council accept the bid submitted by
Sydnor Industrial Services, Inc., in the amount of
$16,200.00, and reject all other bids received by the
City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following resolution:
475
ACTION:
(#31859-020794) A RESOLUTION accepting a certain
bid made to the City for furnishing and delivering one
forklift truck, and rejecting all other bids.
(For full text of Resolution, see Resolution Book No. 55,
page 550.)
Mr. McCadden moved the adoption of Resolution No.
31859-020794. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White,
McCadden, Musser and Mayor Bowers-
Bowles, Harvey,
--6.
NAYS: None 0.
(Council Member Edwards was absent.)
DIRECTOR OF FINANCE:
BUDGET-NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY-
GRANTS: The Director of Finance submitted a written
report advising that the City has received the following
additional program income:
$7,011.00 in loan repayments under the Home
Purchase Assistance Program; and
$8,368.00 in other program income relating to
loan repayments from the Roanoke Redevelopment
and Housing Authority, demolitions, loan
repayments from the Northwest Neighborhood
Environmental Organization and interest earned
on the Community Development Block Grant
(CDBG) float loan to Fralin and Waldron and
program income, which is the difference
between what was previously appropriated and
what was actually received.
The Director of Finance recommended that Council
appropriate funds totalling $15,379.00 in program income
as follows:
$7,011.00 to Account No. 035-092-9240-5192,
Unprogr~.~med CDBG-Home Purchase Assistance
Program loan repayments; and
476
ACTION:
$8,368.00 to Account No. 035-092-9240-5189,
Unprogrammed CDBG-Other Income.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31860-020794) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 551.)
Mr. White moved the adoption of Ordinance No. 31860-
020794. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowles,
McCadden, Musser and Mayor Bowers
Harvey,
6.
NAYS: None 0.
(Council Member Edwards was absent.)
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report
advising of expiration of the three year terms of
Marilyn L. Curtis, M. Wendy O'Neil and James M. Turner,
Jr., as Trustees of the Roanoke City School Board on
June 30, 1994, and that applications for the upcoming
vacancies will be received in the City Clerk's Office
until 5:00 p.m., on Thursday, March 10, 1994.
(For full text, see report on file in the City Clerk's
Office.)
Without objection by Council, the Mayor advised that
the report would be received and filed.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELI2~NEOUS BUSINESS: None.
477
I
!
ACTION:
ACTION:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS: None.
At 2:50 p.m., the Mayor declared the meeting in
recess.
At 3:35 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Member Edwards.
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:
(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, Bowles, Harvey,
McCadden, Musser and Mayor Bowers 6.
NAYS: None
(Council Member Edwards was absent.)
OATHS OF OFFiCE-COMMITTEES-TOTAL ACTION AGAINST
POVERTY: The Mayor called attention to the need for the
City to appoint an Alternate Representative to the Total
Action Against Poverty Board of Directors, and called for
nominations to fill the vacancy. (Earl B. Reynolds, Jr.,
former Assistant City Manager served in the abovestated
capacity until his resignation.)
Mr. Harvey placed in nomination the name of Glenn D.
Radcliffe.
There being no further nominations, Mr. Radcliffe
was elected as the City's Alternate Representative to the
Total Action Against Poverty Board of Directors, by the
following vote:
FOR MR. RADCLIFFE: Council Members White, Bowles,
Harvey, McCadden, Musser and Mayor Bowers ........ 6.
(Council Member Edwards was absent.)
478
ACTION:
OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING
DEPARTMENT: The Mayor advised that there is a vacancy on
the Board of Building Code Appeals, created by the
resignation of James M. Tabor, Sr., for a term ending
September 30, 1995, and called for nominations to fill
the vacancy.
Mr. Harvey placed in nomination the name of
Reginald P. Church.
There being no further nominations, Mr. Church was
elected as a member of the Board of Building Code
Appeals, for a term ending September 30, 1995, by the
following vote:
FOR MR. CHURCH: Council Members White, Bowles,
Harvey, McCadden, Musser and Mayor Bowers 6.
(Council Member Edwards was absent.)
OATHS OF OFFICE-COMMITTEES-FLOOD REDUCTION/CONTROL:
The Mayor advised that there is a vacancy on the Flood
Plain Committee, created by the resignation of J. T.
Hopkins, Jr., for a term ending June 30, 1994, and called
for nominations to fill the vacancy.
Mr. White placed in nomination the name of Lucian Y.
Grove.
ACTION:
There being no further nominations, Mr. Grove was
elected as a member of the Flood Plain Committee, for a
term ending June 30, 1994, by the following vote:
FOR MR. GROVE: Council Members White, Bowles,
Harvey, McCadden, Musser and Mayor Bowers 6.
(Council Member Edwards was absent.)
There being no further business, the Mayor declared the
meeting adjourned at 3:40 p.m.
APPROVED
City Clerk
Mayor
479
ii
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
February 14, 1994
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, February 14,
1994, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Elizabeth T. Bowles, John S.
Edwards, James G. Harvey, II, Delvis O. McCadden, William White,
Sr., and Mayor David A. Bowers-- 6.
ABSENT: Council Member Howard E. Musser ....
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Edward T.
Burton, Pastor, Sweet Union Baptist Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council; and to
discuss a matter with regard to expansion of an existing
business when no previous announcement has been made.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
480
ACTION:
ACTION:
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, Edwards, Harvey,
McCadden, White and Mayor Bowers 6.
NAYS: None
(Council MenDer Musser was absent.)
OATHS OF OFFICE-COMMITTEES-MENTAL HEALTH SERVICES-
BLUE RIDGE COMMUNITY SERVICES: A communication from
Mayor David A. Bowers transmitting correspondence from
Fred P. Roessel, Jr., Ph.D., Executive Director, Blue
Ridge Community Services, requesting Council's
concurrence in the election of John M. Hudgins, Jr., to
fill an existing vacancy as an at-large member of the
Board of Directors of Blue Ridge Community Services, was
before the body.
(For full text, see communications on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the
appointment of Mr. Hudgins to the Board of Directors of
Blue Ridge Community Services. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Edwards,
McCadden, White and Mayor Bowers
NAYS: None
Harvey,
(Council Member Musser was absent.)
481
ACTION:
ACTION=
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: A report of
qualification of Stanley R. Hale as a member of the
Industrial Development Authority of the City of Roanoke,
for a term ending October 20, 1997, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, White and Mayor Bowers 6.
NAYS: None
J
(Council Member Musser was absent.)
COUNCIL: A report of the City Manager requesting
that Council meet in Executive Session to discuss a
matter with regard to expansion of an existing business
when no previous announcement has been made, pursuant to
Section 2.1-344 (A)(5), 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 expansion of an existing
business when no previous announcement has been made,
pursuant to Section 2.1-344 (A)(5), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Harvey
and adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, White and Mayor Bowers 6.
NAYS: None
e
(Council Member Musser was absent. )
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
482
LANDMARKS/HIST. PRESERVATION-HENRY STREET REVIVAL
COMMITTEE-HOTEL ROANOKE CONFERENCE CENTER: Robert K.
France, President, Roanoke Valley Preservation
Foundation, appeared before Council and advised that
economic development can be good for preservation, that
preservation can be good for economic development, and
the two can work together to make the Roanoke community
a great place to live and to work. He stated that
economic development is necessary for preservation
because it does no good to save an office building from
the bulldozer if the structure is unoccupied, advising
that the Preservation Foundation is not in the business
of saving empty shells, and the real success stories
involve structures that have been returned to use that
are lively and occupied. He pointed out that especially
in the Commonwealth where the State government does not
generally believe in buying new industries with mammoth
incentives, unique attributes of the community must be
relied upon to spark the interest of the people in
downtown buildings, views, pleasant neighborhoods and the
countryside. He added that if Roanoke is to prosper and
thrive, it is necessary to dwell on its distinctiveness
and to preserve its older buildings and views, etc., and
referred specifically to the block between Henry Street
and the Hotel Roanoke, including the N & W General Office
building and the former Stone Printing building, as well
as certain structures on the far side of Henry Street.
Mr. France introduced Ann Carter Lee, Architectural
Historian, Rocky Mount, Virginia, who previously worked
for the State and Federal governments and is now
beginning a project for the National Society of
Architectural Historians and Oxford Press, to review a
detailed study of the area.
Ms. Lee presented slides of the area between Hotel
Roanoke and Henry Street, encompassing the Roanoke Civic
Center, the former rail passenger station, Hotel Roanoke,
N & W General Office building, former Stone Printing
Company building, and neighborhood stores, etc. She
stated that the jewel in the center of the area is the
Hotel Roanoke and made the observation that this is one
of the best urban blocks of architecture to be found
anywhere in the Commonwealth of Virginia. She pointed
out that for a locality to have its entire railroad
history concentrated in one neighborhood is extraordinary
and could provide an excellent tourist attraction for
people staying at the Hotel Roanoke. She called
attention to the unique architectural design of certain
buildings and the economic benefit to the City if the
area is marketed correctly.
483
i1
ACTION:
Mr. France advised that there are numerous proposals
on the table for the area in and around the Hotel
Roanoke, and it was not his purpose to endorse any
specific proposal, but as Council is asked to decide upon
the future of the area, he would request that Council
consider these foundation stones of Roanoke's history
that represent the center from which the business of the
railroad was conducted.
Without objection by Council, the Mayor advised that
the remarks of Mr. France and Ms. Lee would be received
and filed.
PETITIONS AND COMMUNICATIONS:
CAPITAL IMPROVEMENTS PROGRAM-SCHOOLS: A
communication from the Roanoke City School Board
requesting that Council approve a State Literary Fund
loan application, in the amount of $1.0 million, for
construction costs in connection with an addition to and
improvements to Wasena Elementary School, advising that
the debt service on the loan will increase the debt of
the School Board service expenditure by $90,000.00
initially, but no debt service liability will be incurred
until funds are drawn against the loan account, was
before the body.
The School Board further requested that Council
approve an intent statement for financing of the project.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. White offered the following resolution:
(#31861-021494) A RESOLUTION authorizing the School
Board for the City of Roanoke to expend funds for adding
to and improving the present school building at Wasena
Elementary School and declaring the City's intent to
borrow to fund or reimburse such expenditures.
(For full text of Resolution, see Resolution Book No. 55,
page 552.)
Mr. White moved the adoption of Resolution No.
31861-021494. The motion was seconded by Mr. Harvey and
adopted by the following vote:
484
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, White and Mayor Bowers- 6.
NAYS: None
(Council Member Musser was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET-SNOWREMOVAL-CITY EMPLOYEES-APPALACHIAN POWER
COMPANY-C AND P TELEPHONE COMPANY: The City Manager
presented an oral briefing with regard to the recent snow
and ice storm and its impact on the City on Thursday,
February 10, 1994. As a result of the storm, he stated
that 439 loads of snow were removed from the downtown
area in order to make the area accessible for Monday's
vehicular and pedestrian traffic. He stated that at one
point on Saturday, February 12, 46 streets were totally
blocked by fallen trees, 40 streets were partially
blocked, and many alleys were not passable. He added
that tree damage has been severe, and it is estimated
that City staff will spend the equivalent of six to eight
weeks in clearing trees, stumps and brush. He explained
that the brush pickup schedule will be announced later in
the week, and citizens are requested to bring their brush
to the curb in pieces under four feet. He stated that a
damage assessment team is currently manning telephones in
the emergency center; that Roanoke City, Roanoke County,
the City of Salem, and the Town of Vinton banded together
to open one valley-wide shelter, and those persons who
sustained uninsured structural damage to property are
urged to call the emergency center. He explained that
the City came through the storm comparatively well due to
certain advance preparation and noted that it was not
necessary to close the Regional Airport due to runway
conditions.
Mr. Harvey requested that the City Manager submit a
recommendation to Council as to how the City could
recognize those City employees who worked above and
beyond the call of duty to keep the City operating during
recent snow and ice related conditions.
Mr. Edwards made the observation that in recent
years, numerous storms have caused tree limbs to fall on
utility wires which have caused power outages, and
pointed out that if the utility wires were placed
485
11
underground, the problem would be alleviated. Therefore,
he requested that the City Manager study the feasibility,
over time, of placing electric and telephone wires
underground in not only the downtown area, but tn the
residential areas of the City as well.
The City Manager explained that utility lines are
owned by Appalachian Power Company, and he would discuss
the issue with appropriate officials of the Company.
Wlthout objection by Council, the Mayor advised that
the oral briefing would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
PURCHASE/SALE OF PROPERTY-STATE HIGHWAYS-CITY
PROPERTY-HOUSING/AUTHORITY-PLANNING-HOTEL ROANOKE
CONFERENCE CENTER-VIRGINIA TECH-ASBESTOS REMOVAL-STREETS
AND ALLEYS: The City Manager submitted a written report
advising that on August 9, 1993, pursuant to Resolution
No. 31622-080993, Council approved the location and major
design features of the Wells Avenue Project; that the
agreement between the City and the Virginia Department of
Transportation (VDOT) dated August 20, 1987, was amended
on August 19, 1993, pursuant to Ordinance No. 31406-
041293, making VDOT responsible for acquisition of right-
of-way for the Wells Avenue Project; and the City
Planning Commission adopted a motion at its public
hearing on November 18, 1992, which recommended that
Council give serious consideration to relocating the two
existing residential structures on Wells Avenue.
It was further advised that the Virginia Department
of Transportation has acquired the majority of the right-
of-way necessary for the project, including the two
unoccupied residential dwellings at 42 and 56 Wells
Avenue, N. E.; that an agreement is needed to permit the
Roanoke Redevelopment and Housing Authority to acquire
the two buildings from VDOT for the purpose of moving the
dwellings to nearby sites on Gilmer Avenue; that the
Housing Authority will be responsible for the removal of
friable asbestos as identified by VDOT's asbestos study
of the two buildings, and for actual relocation of the
buildings; that the City will provide the Housing
Authority with funding for asbestos removal and
relocation through amendment of the City's agreement with
the Housing Authority for Community Development Block
Grant funding; that VDOT requires the City to be
ultimately responsible for relocation or demolition of
486
ACTION:
the structures; that costs associated with moving the two
buildings is estimated to be $152,400.00; and it is
anticipated that total cost related to moving the
buildings will be covered by CDBG funds.
The City Manager recommended that he be authorized
to execute an agreement with the Virginia Department of
Transportation and the Roanoke Redevelopment and Housing
Authority on behalf of the City, in a form to be approved
by the City Attorney, in order to assume responsibility
for the removal of dwellings located at 42 and 56 Wells
Avenue, N. E.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
(#31862-021494) A RESOLUTION authorizing the
execution of an agreement with the Virginia Department of
Transportation and the Roanoke Redevelopment and Housing
Authority relating to relocation and acquisition of
buildings at 42 and 56 Wells Avenue, N. E.
(For full text of Resolution, see Resolution Book No. 55,
page 553.)
Mr. Harvey moved the adoption of Resolution No.
31862-021494. The motion was seconded by Mr. Edwards and
adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, White and Mayor Bowers- 6.
NAYS: None 0.
(Council Member Musser was absent.)
Mr. White requested a breakdown on the total cost of
acquiring the two buildings; whereupon, the Director of
Public Works advised that he did not have the figures
readily at hand inasmuch as the buildings were acquired
by the Virginia Department of Transportation as part of
the acquisition for right-of-way for Wells Avenue, with
the City's share being two per cent. He assured Mr,
White that he would respond to his question in a timely
manner.
487
'1
II
SEWERS AND STORM DRAINS-PIPE LINES/STORAGE TANKS-
BRIDGES-NORFOLK SOUTHERN CORPORATION-UTILITY LINE
SERVICES-WATER RESOURCES: The City Manager submitted a
written report with regard to Norfolk and Western Railway
permits for Carvins Cove Improvements, Phase II, advising
that a specific list of parcels of property to be
acquired was previously approved by Council; that
Contracts B-l, B-2, C-1 and C-2 are segments of water
line construction work that were previously approved by
Council; that Notices to Proceed were given to the
contractors with the stipulation that work could not
begin on Norfolk and Western Railway property until
permits were obtained; and railroad permits have been
negotiated for the five sites needed for completion of
the Carvins Cove Improvement Project, Phase II, which
permits cover the following locations:
1. 13th Street near the Sewage Treatment Plant
2. Hollins Road over Lick Run
3. Hollins Road adjacent to the Trash Transfer
Station
4. Hollins Road adjacent to Utility Line Services
It was further advised that indemnification language
in the railroad permits require Council's approval; and
the agreement for the pedestrian underpass stipulates
that the City take ownership of the abandoned underpass
and provide annual inspections.
The City Manager recommended that he be authorized
to execute the necessary agreements, in a form to be
approved by the City Attorney, with Norfolk Southern
Corporation to permit construction of the Carvins Cove
Transmission Waterline from Carvins Cove to Crystal
Springs and to accept ownership of the pedestrian
underpass at Jefferson Street.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency
ordinance:
(~31863-021494) AN ORDINANCE authorizing the City
Manager to execute the necessary agreements with Norfolk
and Western Railway Company providing the Clty the riqht
to install, maintain, operate and remove pipelines on
488
ACTION:
railway property in connection with the Carvins Cove
Phase II Project, upon certain terms and conditions, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 554.)
Mrs. Bowles moved the adoption of Ordinance No.
31863-021494. The motion was seconded by Mr. Edwards and
adopted by the following vote:
AYES: Council Members Bowles,
McCadden, White and Mayor Bowers
NAYS: None
Edwards, Harvey,
6.
e
(Council Member Musser was absent.)
Upon question, the City Attorney advised that the
ordinance before Council makes no reference to the
pedestrian underpass because the terms and conditions
with the Railway Company have not been negotiated.
PURCHASE/SALE OF PROPERTY-CONDEMNATION PROCEEDINGS-
CITY SHERIFF-CITY JAIL-CONSULTANTS REPORTS-STREETS AND
ALLEYS: The City Manager submitted a written report
advising that acquisition of real estate for the Jail
Expansion Project was authorized by Council, pursuant to
Ordinance No. 31627-080993; that estimated funding needed
for said land acquisition was $880,550.00, and Council
authorized funding up to this amount for acquisition;
that the two structures involved were the "DataSafe" and
the "Miller Morgan" buildings; that relocation expenses
have since been deemed to be a requirement for property
acquisition since State funding is involved; and
negotiated acquisition and relocation expenses have been
agreed to by owners of the DataSafe property and the City
at $625,000.00, which leaves $255,550.00 in Account No.
008-052-9685-9003 for acquisition of the Miller Morgan
building.
It was further advised that a negotiated agreement
has been reached with the owners of the Miller Morgan
building, at a cost to the City for property and
relocation expenses of $308,000.00; that additional
authorization is needed for the acquisition to include
relocation expenses of $52,450.00; and that the City
agrees to acquire the facility and permit Miller, Morgan
and Co., C.P.A.'s, to remain in the structure, rent-free,
until the end of their income tax season, which is
May 31, 1994.
489
.!
ACTION=
The City Manager recommended that Council authorize
an additional expenditure of $52,450.00 from Account No.
008-052-9685-9003 to cover additional expenses incurred
in connection with acquiring the Miller Morgan property
and payment of relocation expenses, which includes rent-
free occupancy for Miller, Morgan & Co., C.P.A.'s,
located at 340 Campbell Avenue, S. W., from the time of
closing until May 31, 1994.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden expressed concern with regard to the
additional funds which have been requested; whereupon,
the Director of Public Safety advised that when the
original estimate was submitted on the purchase of the
two buildings, it was not anticipated that relocation
expenses would be a requirement. The City Manager
further clarified that when Council was provided with
estimates of acquisition costs, City staff was authorized
to proceed with acquisition or go to condemnation
proceedings if an agreement could not be reached within
the limits authorized by Council. He advised that the
Director of Utilities and Operations, who was responsible
for negotiations, recommended that the City not go to
condemnation which would involve court costs and ill
feelings associated with the project, and $52,540.00
represents the additional amount of funds required in
order to proceed with purchase and building construction
in a timely manner. He explained that given the cost of
the property, he authorized the Director of Utilities and
Operations to proceed with the offer which has now been
submitted to Council for approval.
Mr. White requested a clarification as to whether
the $52,540.00 represents relocation costs or additional
funds necessary to successfully complete the transaction;
whereupon, the City Manager advised that a package offer
has been submitted to the owner of the building which is
very much like the purchase of real estate for highway
projects and involves more than simply acquiring a piece
of property. He explained that the City reached a
negotiated agreement with the owner of the property which
addressed the issues of purchase price, relocation
expenses and other related expenses.
Mrs. Bowles moved that Council concur in the
recommendation of the City Manager. The motion was
seconded by Mr. Edwards and adopted.
49O
BUDGET-POLICE DEPARTMENT-COMMONWEALTH'S ATTORNEY-
GRANTS: The City Manager submitted a written report
advising that Congress amended 21 USC. Sec. 881 el-4,
October, 1986, which authorized the transfer of certain
federally forfeited property to State and local law
enforcement agencies participating 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
and local law; and on January 4, 1988, Council authorized
the Director of Finance to establish grant fund accounts
from which funds may be disbursed in accordance with
provisions of the program.
It was further advised that the Police Department
receives additional funds periodically from the Federal
Government's Asset Sharing Program; that action by
Council is necessary to accept additional funds to be
dispersed in accordance with provisions of the program;
that revenues collected through January 31, 1994, for the
grant total $963,913.00, which have been deposited in
Grant Account No. 035-035-1234-7060; that current revenue
is estimated at $855,226.00; that funding received in
excess of the estimated revenue, totalling $108,687.00,
needs to be appropriated at this time; and expenditures
from the grant through January 31, 1994 total
$561,918.00.
The City Manager recommended that Council accept
assets from the Federal Forfeited Property Sharing
Program; and appropriate $108,687.00 to Investigations
and Rewards, Account No. 035-050-3300-2150, and increase
the revenue estimate for said grant by $108,687.00 in
Account No. 035-035-1234-7060.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Edwards offered the following emergency budget
ordinance:
(%31864-021494) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 555.)
491
ACTION:
ACTION=
Mr. Edwards moved the adoption of Ordinance No.
31864-021494. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, White and Mayor Bowers -- 6.
NAYS: None.
(Council Member Musser was absent.)
CITY CLERK:
SCHOOLS: The City Clerk having previously submitted
a written report requesting that certain dates be
established in connection with the selection process for
Trustees of the Roanoke City School Board; whereupon, the
Mayor advised that the Clerk had requested that action on
the report be deferred until the next regular meeting of
Council on Tuesday, February 22, 1994.
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:
BONDS/BOND ISSUES-PARKS AND RECREATION-STATE
HiGHWAYS-TAXES-LEGISLATION-INDUSTRIES-TOURISM-ECONOMIC
DEVELOPMENT: Mrs. Bowles offered the following
resolution:
(~31865-021494) A RESOLUTION expressing the support
of this Council for Disney's America and urging the
City's delegation to the General Assembly to support a
State bond issue to defray the cost of Dublic
improvements required to support this economic
development opportunity.
(For full text of Resolution, see Resolution Book No. 55,
page 556.)
Mrs. Bowles moved the adoption of Resolution No.
31865-021494. The motion was seconded by Mr. Edwards and
adopted by the following vote:
492
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, White and Mayor Bowers--- 6.
NAYS: None 0.
(Council Member Musser was absent.)
OTHER HEARINGS OF CITIZENS:
ZONING-COMPLAINTS-HOUSING/AUTHORITY: Mr. Wilbur I.
Manning, 4327 Delray Street, N. W., appeared before
Council and presented a petition signed by 50 persons
objecting to the construction of single-family housing in
residential neighborhoods that does not conform with
existing housing in said neighborhoods.
(For full text, see petition on file in the City Clerk's
Office.)
Mr. Manning advised that property owners are
concerned because the houses presently under construction
are out of character with the remainder of the
neighborhood where homes are valued in excess of
$70,000.00. He added that houses of this type will lower
property values and disrupt the quality of the
neighborhood, and requested that Council take the
necessary action to prevent further development.
Mrs. Bowles moved that the matter be referred to the
City Manager for investigation and report to Council.
The motion was seconded by Mr. Edwards and unanimously
adopted.
Question was raised as to whether Council may
legally intervene; whereupon, the City Attorney advised
that if zoning is appropriate and if all other required
City permits have been issued, the property owner is
authorized to build any structure that meets compliance.
He pointed out that during the 1993 Session of the
General Assembly of Virginia, the City obtained
authorization through a City Charter amendment for design
overlay districts to prohibit the construction of
incompatible buildings in areas of the City to be
designated on a comprehensive plan as having unique
architectural or historic significance, and once the
comprehensive plan has been amended to reflect these
areas, Council may adopt a measure establishing standards
for construction in such areas. He added that he did not
493
ACTION:
ACTION:
know if the area referred to by Mr. Manning would be so
designated on the comprehensive plan which would be the
responsibility of the City Planning Commission and the
City Planning Department to determine.
At 8:50 p.m., the Mayor declared the meeting in
recess.
At 9:50 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Member Musser.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Edwards moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. McCadden and adopted by the following vote:
AYES: Council Members Bowles, Edwards, Harvey,
McCadden, White and Mayor Bowers 6.
NAYS: None
®
(Council Member Musser was absent.)
OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor
advised that there is a vacancy on the Board of Zoning
Appeals, created by the ineligibility of T. E. Roberts to
serve another term, and called for nominations to fill
the vacancy.
Mr. Edwards placed in nomination the name of
Willard G. Light.
There being no further nominations, Mr. Light was
elected as a member of the Board of Zoning Appeals, for
a term ending December 31, 1996, by the following vote:
FOR MR. LIGHT: Council Members Bowles, Edwards,
Harvey, McCadden, White and Mayor Bowers .... 6.
(Council Member Musser was absent.)
494
ACTION
ACTION:
OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT
COMMISSION: The Mayor advised that there is a vacancy on
the Fifth Planning District Commission, created by the
resignation of David C. Anderson, for a term ending
December 31, 1996, and called for nominations to fill the
vacancy.
Mr. Edwards placed in nomination the name of
David K. Llsk.
There being no further nominations, Mr. Lisk was
elected as a member of the Fifth Planning District
Commission, for a term ending December 31, 1996, by the
following vote:
FOR MR. LISK: Council Members Bowles, Edwards,
Harvey, McCadden, White and Mayor Bowers 6
(Council Member Musser was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that there is a vacancy
on the Roanoke Neighborhood Partnership Steering
Committee, created by the resignation of A. Lorraine
Johnson, for a term ending November 13, 1996, and called
for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of
David K. Lisk.
There being no further nominations, Mr. Llsk was
elected as a member of the Roanoke Neighborhood
Partnership Steering Committee, for a term ending
November 13, 1996, by the following vote:
FOR MR. LISK: Council Members Bowles, Edwards,
Harvey, McCadden, White and Mayor Bowers 6.
(Council Member Musser was absent.)
OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS-
CELEBRATIONS: The Mayor advised that there is a vacancy
on the Special Events Committee, created by the
resignation of Bonnie S. Steele, for a term ending
June 30, 1994, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of Beth
Poff.
495
ii
There being no further nominations, Ms. Poff was
elected as a member of the Special Events Committee, for
a term ending June 30, 1994, by the following vote:
ACTION:
FOR MS. POFF: Council Members Bowles, Edwards,
Harvey, McCadden, White and Mayor Bowers 6.
(Council Member Musser was absent.)
ACTION:
COUNCIL: Mr. McCadden moved that Elizabeth T.
Bowles be designated as Chairperson Pro Tem to preside
over the City Council meeting to be held on Tuesday,
February 22, 1994, inasmuch as the Mayor will be out of
the City. The motion was seconded by Mr. Harvey and
adopted, Mrs. Bowles abstained from voting.
There being no further business, the Mayor declared the
meeting adjourned at 9:55 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
496
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
February 22, 1994
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Tuesday, February 22,
1994, at 2:00 p.m., the regular meeting hour, with Chairperson 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 John S. Edwards, James G. Harvey,
II, Delvis O. McCadden, Howard E. Musser, William White, Sr., and
Chairperson Pro Tem Elizabeth T. Bowles 6.
ABSENT: Mayor David A. Bowers-
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wllburn C. Dibltng, Jr., City
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend George M.
Pearson, Jr., Pastor, Southview United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Chairperson Pro Tem Bowles.
CONSENT AGENDA
The Chairperson 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. She 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 new gas
franchise.
ACTION:
ACTION:
ACTS OF ACKNOWLEDGEMENT-VIRGINIA TECH: A
communication from Mayor David A. Bowers recommending
that Council adopt a resolution honoring the late Dr.
James D. McComas, former President of Virginia
Polytechnic Institute and State University, was before
the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Edwards moved that the matter be referred to the
City Attorney for preparation of the proper measure. The
motion was seconded by Mr. McCadden and adopted by the
following vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Chairperson Pro Tem Bowles- 6.
NAYS: None-- 0.
(Mayor Bowers was absent.)
COUNCIL-CITY GOVERNMENT-ECONOMIC DEVELOPMENT: A
communication from Mayor David A. Bowers advising the
that Richmond Times-Dispatch has been publishing
excellent articles regarding the plight of cities in
Virginia; whereupon, he transmitted copy of an newspaper
article entitled, "Virginia cities mired in worsening
crisis" and copy of an article in which Professor William
Lucy of the University of Virginia is quoted as saying,
"Virginia is in the national mainstream as far as City
decline goes, while North Carolina is resisting the tide
effectively", was before Council.
Mayor Bowers pointed out that he did not know what
it will take for the citizens of the Roanoke community to
understand the gravity of the situation.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Edwards moved that the communication be received
and filed. The motion was seconded by Mr. McCadden and
adopted by the following vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Chairperson Pro Tem Bowles 6.
NAYS: None 0.
497
(Mayor Bowers was absent.)
498
ACTION:
COUNCIL: A report of the City Attorney requesting
that Council meet in Executive Session to discuss
specific legal matters requiring the provision of legal
advice by counsel, being the terms and conditions of a
new gas franchise, 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. Edwards moved that Council concur in the request
of the City Attorney 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 new gas franchise, pursuant to Section 2.1-344
(A)(7), Code of Virginia (1950), as amended. The motion
was seconded by Mr. McCadden and adopted by the following
vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Chairperson Pro Tem Bowles 6.
NAYS: None
(Mayor Bowers was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS:
BONDS/BONDISSUES-INDUSTRIES-OURLADY OF THE VALLEY,
INC.: A communication from Harwell M. Darby, Jr.,
Attorney, representing the Industrial Development
Authority of the City of Roanoke, Virginia, requesting
approval of the issuance of not to exceed $8 million of
the Authority's revenue bonds to assist Our Lady of the
Valley, Inc., in refunding bonds previously issued by the
Authority to finance the acquisition, construction and
equipping of Our Lady of the Valley, a residence and care
facility for the elderly, located at 650 North Jefferson
Street, was before Council.
Dr. Darby explained that certain of the Industrial
Development Authority's Bonds issued in 1988 to finance
the facility will be refinanced and certain improvements
will be made to the facility, including a new one-story
499
ACTION:
addition of approximately 1,600 square feet which will
provide for expansion to the main dining room and heating
and air conditioning equipment.
(For full text, see communication and supporting
documentation on file in the City Clerk's Office.)
Mr. Musser offered the following resolution:
(#31866-022294) A RESOLUTION approving the plan of
financing and refinancing of the Industrial Development
Authority of the City of Roanoke, Virginia, for the
benefit of Our Lady of the Valley, 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. 55,
page 557.)
Mr. Musser moved the adoption of Resolution No.
31866-022294. The motion was seconded by Mr. Edwards and
adopted by the following vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Chairperson Pro Tem Bowles 6.
NAYS: None 0.
(Mayor Bowers was absent.)
AIRPORT-BUDGET: A communication from Jacqueline L.
Shuck, Executive Director, Roanoke Regional Airport,
advising that in accordance with requirements of the
Roanoke Regional Airport Commission Act and the Roanoke
Regional Airport Commission Contract dated January 28,
1987, she is transmitting the Airport Commission's 1994-
95 proposed Operating and Capital Purchases 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, was before Council.
The proposed 1994-95 budget provides for
$4,269,070.00 in total budget expenditures and
$4,695,695.00 in total projected revenue.
(For full text, see communication and supporting
documentation on file in the City Clerk's Office.)
Mr. White offered the following resolution:
500
ACTION:
(#31867-022294) A RESOLUTION approving the Roanoke
Regional Airport Commission's 1994-95 proposed operating
and capital budget, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 55,
page 559.)
Mr. White moved the adoption of Resolution No.
31867-022294. The motion was seconded by Mr. Edwards and
adopted by the following vote:
AYES: Council Members Edwards, McCadden, Musser,
White and Chairperson Pro Tem Bowles ..... 5.
NAYS: Council Member Harvey
(Mayor Bowers was absent.)
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting appropriation of funds to
the following school accounts, was before Council.
Grant No. 6142 -
$461.00 for the Chapter I Pre-K
Expansion Program to provide
for the extended day program
for at-risk four-year olds at
the Chapter I schools. The
Program is 100 per cent
reimbursed by Federal funds.
Grant No. 6919 -
$5,000.00 for the Chess Program
to provide for chess
instruction and supplies. The
funds are provided by a private
donation.
Grant No. 6442
$12,927.00 for the Alternative
Education Program to provide
instruction and guidance
services to secondary level
students who are at-risk of
leaving school. The Program ts
funded by a $5,000.00 local
match and by Federal funds, in
the amount of $7,927.00.
501
ACTION:
Grant No. 6518
$4,200.00 for the 1993-94
Preschool Transition Program to
provide therapy and instruction
to preschool handicapped
students. The Program is 100
per cent reimbursed by Federal
funds.
Grant No. 6759
$5,500.00 for the Adult Basic
Education Program to provide
for the education of adults who
have not completed high school.
The funds represent additional
Federal funds.
Grant No. 6761
$5,688.00 for the 1993-94
Apprenticeship Program to
provide on-the-Job and
classroom vocational
instruction for students in the
apprenticeship program. The
funds represent additional
State funds.
A report of the Director of Finance advising that
the abovedescribed grants are funded with Federal and
State funds and contributions; that in addition to these
funding sources, the Alternative Education grant will
require a local match of $5,000.00, which is available in
Additional-Machinery and Equipment, Account No. 030-060-
6006-6683-0821; and recommending that Council concur in
the request of the School Board, was also before the
body.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. McCadden offered the following emergency budget
ordinance:
(#31868-022294) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 School Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 559.)
Mr. McCadden moved the adoption of Ordinance No.
31868-022294. The motion was seconded by Mr. White and
adopted by the following vote:
502
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Chairperson Pro Tem Bowles --6.
NAYS: None--
(Mayor Bowers was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
PERSONNEL-CITY EMPLOYEES: The City Manager called
upon Celia L. Denning, Roanoke City Training Coordinator,
to present a briefing with regard to the Service
Excellence At Work Program, the first phase of which has
now been completed.
Ms. Denning advised that in 1992, Council was
briefed on plans to initiate a Customer Service Training
program for all City employees; and a Service Excellence
Committee was appointed by the City Manager in December
1991, composed of 21 employees from various City
departments who were charged with the responsibility of
recommending ways to improve service to the City's
customers. She stated that one of the early suggestions
of the Service Excellence Committee was that all City
employees would participate in a basic customer skills
course, and in an effort to focus on customer service,
the City hired Susan Wiley, a training and development
professional, on a part-time basis to evaluate the needs
of the organization and to research other customer
service programs, with the end result being the
preparation of a training curriculum for Roanoke City
employees. She added that a second day of training was
developed for City supervisors to assist in implementing
and maintaining more customer friendly procedures for
providing services. She explained that once the
curriculum was written, it was pilot tested in October
1992 as to its appropriateness for all City employees and
only minor revisions were necessary. She stated that
approximately 25 employees representing 18 City
departments volunteered to teach at least one class per
month; that trainers spent two additional days in
training in order to learn the Service Excellence
curriculum and practicing their presentations and
facilitation skills, and trainers taught the program in
teams of two. She added that training was implemented in
December 1992 and continued through December 1993; that
the City Manager made a commitment that all employees of
503
City departments reporting to the City Manager would
attend, and to date, 95 per cent of all City employees
reporting to the City Manager have attended Service
Excellence At Work programs and approximately 91 per cent
of City supervisors have attended Managing Service
Excellence At Work programs. She stated that 99 Service
Excellence classes were taught, with 1,684 City employees
in attendance, and 25 Managing Service Excellence At Work
classes were taught, with a total of 339 City employees
and supervisors in attendance. She explained that the
direct investment of this program from April 1992 through
December 1993 is $47,372.00, and translates to an
equivalent of $23.00 per employee which includes
administrative costs of developing two training programs,
training materials and supplies, a light lunch for
employees in attendance, and a notebook for each employee
to use in the work place. She advised that during the
early stages of program development, employees identified
what was felt to be the results that could gradually
happen over time as employees focused on continually
improving service to customers; i.e., (1) the needs of
customers will be considered in all decisions and
actions; (2) employees will think of citizens as
customers; (3) better employee relations will mean better
service to citizens; (4) each employee's words and
actions will create a positive image for the entire City
of Roanoke; and (5) employees will enjoy their Jobs more
when they can deal more effectively with customers.
Ms. Denning called upon Reva J. Spencer, a
Supervisor in the Department of Solid Waste Management,
and Officer James N. Love, Jr., assigned to the Police
C.O.P.E. Unit, to give their personal assessments of the
Service Excellence At Work training program.
Caroline K. Highfill, Chairperson of the Service
Excellence Committee, advised that a service strategy
that could apply to all City departments was developed.
She stated that the Committee's major initiatives
included the V.I.P. Tours which began in December 1992
that were intended to help employees learn more about the
City and its operation in order to better serve
customers. She added that Valley Metro provided buses,
and each month, up to 40 employees participated in a two
to three hour tour which included such sites as the
Sewage Treatment Plant, Public Works Service Center,
Hotel Roanoke, Courthouse and Jail, the new trash
transfer station, the regional airport and control tower,
Jefferson Center and a visit with a C.O.P.E. team. She
noted that through December 1993, 13 tours were
conducted, and it is intended to resume the tours in the
504
spring of 1994. She stated that a service strategy
poster has been developed for display in all City
departments and is presently under review in order to
address customer friendliness, simplicity and clarity.
She called attention to a new column to be published in
the City's employee newsletter highlighting City
employees who have provided good customer service to
either internal or external customers.
Without objection by Council, the Chairperson Pro
Tem advised that the briefing would be received and
filed.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HOUSING/AUTHORITY-PLANNING-GRANTS-HOTEL
ROANOKE CONFERENCE CENTER-VIRGINIA TECH-TRAFFIC: The
City Manager submitted a written report advising that the
City of Roanoke Redevelopment and Housing Authority
administers a variety of Community Development Block
Grant funded programs, including projects associated with
the Gainsboro Conservation/Redevelopment Plan and various
commercial/industrial development projects; that a
Contract for Services with the Housing Authority for
administration of activities in the current year was
approved by Council on Monday, September 13, 1993,
pursuant to Resolution No. 31689-091393; and programs
addressed in the current contract include the following:
Gainsboro Enhancement Project II - to assist
the City with a project to relocate the
residential structures currently located at 42
and 56 Wells Avenue behind the Hotel Roanoke
to a nearby street prior to the realignment of
Wells Avenue.
Gainsboro Professional Park - to assist the
City with a project to relocate and
rehabilitate for professional office/
businesses the two structures currently
located at 110 and 111 Wells Avenue to a
nearby street prior to the realignment of
Second Street.
Deanwood Addition - to assist the City with a
project to perform minor site work to enhance
the marketability of industrial development
parcels located within the Deanwood Industrial
Park.
5O5
Deanwood Expansion - to assist the City with
limited site development and marketing of the
properties located within the Deanwood
Industrial Park.
It was further advised that the City has received
$99,196.00 in Community Development Block Grant program
income from the sale of industrial land in the Deanwood
and Shaffers Crossing Industrial Redevelopment Projects;
and the following changes are required in the current
fiscal year:
Gainsboro Enhancement Project II - additional
funds, in the amount of $61,110.00, are needed
to complete the relocation of the structures
located at 42 and 56 Wells Avenue, N. E.,
prior to July 1, 1994.
Gainsboro Professional Park - although
relocation related activities will continue,
the project is not scheduled to be completed
until after July 1, 1994 and in the 1994-95
Community Development Block Grant fiscal year,
therefor, all 1993-94 funding previously
allocated will not be needed.
Deanwood Addition - Deanwood Expansion - CDBG
Program income has become available from the
sale of industrial land in the Deanwood and
Shaffers Crossing Industrial Development
Projects. Infrastructure improvements are
needed to further implement the redevelopment
and sale of sites at the Deanwood Industrial
Park.
It was pointed out that amendments to the City's
Final Statement of Community Development Objectives and
Projected Use of Community Development Block Grant funds
are required by the U.S. Department of Housing and Urban
Development to reflect the aforementioned changes, which
are outlined as follows:
Gainsboro Enhancement Project II - to increase
the funding by $61,110.00.
Gainsboro Professional Park - to decrease the
Community Development Block Grant funding for
the Project by $61,110.00, with the $85,217.00
balance remaining to be used for lot
acquisition, asbestos removal and related
costs.
506
Deanwood Industrial Park - to combine the
project currently titled "Deanwood Addition"
with the project titled "Deanwood Expansion"
and to retitle the entire project "Deanwood
Industrial Park" and to increase the CDBG
funding for the project by $99,196.00 received
by the City as program income.
It was explained that an amendment to the Community
Development Block Grant contract with the Roanoke
Redevelopment and Housing Authority is necessary in order
to implement the following changes:
Gainsboro Professional Park - to increase the
Housing Authority budget from $38,000.00 to
$77,553.00 for additional site preparation and
relocation activities for the two structures
currently located at 110 and 111 Wells Avenue.
Gainsboro Enhancement II - to increase the
Housing Authority budget from $23,000.00 to
$152,400.00 for site preparation and
relocation cost for structures currently
located at 42 and 56 Wells Avenue.
Deanwood Industrial Park - to increase the
Mousing Authority budget for Deanwood
activities from $11,727.00 to $110,923.00 for
needed infrastructure improvements.
The City Manager recommended that Council authorize
the following actions:
amend the fiscal year 1993-94 Community
Development Block Grant Final Statement of
Objectives and Projected Use of Funds;
execute the CDBG contract amendment with the
Roanoke Redevelopment and Housing Authority;
appropriate $99,196.00 to expenditure Account
No. 035-093-9330-5131 and increase the revenue
estimate by $99,196.00 in Account No. 035-035-
1234-9426 and for infrastructure improvements
at Deanwood Industrial Park; and
transfer CDBG funds needed for the Gainsboro
Enhancement II Project and the Gainsboro
Professional Park Project, as follows:
506
Deanwood Industrial Park - to combine the
project currently titled "Deanwood Addition"
with the project titled "Deanwood Expansion"
and to retitle the entire project "Deanwood
Industrial Park" and to increase the CDBG
funding for the project by $99,196.00 received
by the City as program income.
It was explained that an amendment to the Community
Development Block Grant contract with the Roanoke
Redevelopment and Housing Authority is necessary in order
to implement the following changes:
Gainsboro Professional Park - to increase the
Housing Authority budget from $38,000.00 to
$77,553.00 for additional site preparation and
relocation activities for the two structures
currently located at 110 and 111 Wells Avenue.
Gainsboro Enhancement II - to increase the
Housing Authority budget from $23,000.00 to
$152,400.00 for site preparation and
relocation cost for structures currently
located at 42 and 56 Wells Avenue.
Deanwood Industrial Park - to increase the
Housing Authority budget for Deanwood
activities from $11,727.00 to $110,923.00 for
needed infrastructure improvements.
The City Manager recommended that Council authorize
the following actions:
amend the fiscal year 1993-94 Community
Development Block Grant Final Statement of
Objectives and Projected Use of Funds;
execute the CDBG contract amendment with the
Roanoke Redevelopment and Housing Authority;
appropriate $99,196.00 to expenditure Account
No. 035-093-9330-5131 and increase the revenue
estimate by $99,196.00 in Account No. 035-035-
1234-9426 and for infrastructure improvements
at Deanwood Industrial Park; and
transfer CDBG funds needed for the Gainsboro
Enhancement II Project and the Gainsboro
Professional Park Project, as follows:
507
ACTION:
Gainsboro Enhancement
Rehabilitation* 035-091-9120-5109
Gainsboro Professional
Park 035-091-9120-5011
Gainsboro Enhancement
II 035-091-9120-5009
Gainsboro Enhancement
Rehabilitation* 035-092-9220-5109
Gainsboro Enhancement
Public Works 035-092-9237-5164
Gainsboro Professional
Park 035-092-9220-5011
Gainsboro Enhancement
II City 035-093-9320-5199
Gainsboro Enhancement
II 035-093-9320-5009
Gainsboro Enhancement
II Supplement 035-093-9310-5008
$(65,663.00)
4,553.00
61,110.00
(25,000.00)
(10,000.00)
35,000.00
(68,290.00)
65,290.00
3,000.00
*These three carry-over accounts were
previously assigned to the Gainsboro
Professional Park projects as part of the CDBG
Final Statement of Objectives on July 1, 1993.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
(#31869-022294) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 561.)
Mr. Harvey moved the adoption of Ordinance No.
31869-022294. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Chairperson Pro Tem Bowles 6.
NAYS: None, O.
(Mayor Bowers was absent.)
Mr. Harvey offered the following resolution:
508
ACTION=
(#31870-022294) A RESOLUTION to amend the 1993-94
Final Statement of Community Development Objectives and
Projected Use of Community Development Block Grant Funds
and authorizing execution of an amendment to the
agreement between the City of Roanoke and the City of
Roanoke Redevelopment and Housing Authority providing for
the administration and grant of CDBG funds.
(For full text of Resolution, see Resolution Book No. 55,
page 563.)
Mr. Harvey moved the adoption of Resolution No.
31870-022294. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Chairperson Pro Tem Bowles 6.
NAYS: None
Oe
(Mayor Bowers was absent.)
DOWN~X)WN ROANOKE, INCORPORATED-WILLIAMSON ROAD
PARKING GARAGE-VIADUCT PARKING LOT-TRAFFIC: The City
Manager submitted a written report advising that the City
has leased the Williamson Road and Viaduct parking lots
to Allright Roanoke Parking Company; that under the terms
of the leases, Allright Roanoke Parking Company
established the parking fees with the City receiving a
percentage of gross receipts; that the parking fees
charged at the City's five other downtown parking
facilities have been established annually by Council;
that the City recently restructured and consolidated the
operation of its seven downtown parking facilities,
including the Wllliamson Road and Viaduct parking lots,
by awarding a contract to Republic Parking Systems,
effective March 1, 1994; that under the terms of the
contract, Republic Parking Systems will receive a fee for
operating all seven of the parking facilities, with the
City establishing the parking rates and receiving 100 per
cent of gross receipts derived therefrom; and parking lot
fees for the Williamson Road and Viaduct parking lots
need to be established by Council for the period March 1,
1994 through June 30, 1994.
The City Manager recommended that Council approve
the following proposed parking lot fees, effective for
the period March 1, 1994 through June 30, 1994:
509
ACTION:
Williamson Road Parking Lot
Monthly
Short-term
Current Proposed
$ 40.00 $ 40.00
N/A N/A
Viaduct Parking Lot
Monthly (non-reserved)
Monthly (reserved)
Short-term (1/2 hour)
Short-term (! hour)
Short-term (1 & 1/2 hour)
Short-term (2 hours)
Short-term (after 5:00 p.m.)
Current Proposed
$ 35.00 $ 35.00
55.00 55.00
.50 .50
1.00 1.00
1.50 1.50
2.00 2.00
1.00 1.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency
ordinance:
(#31871-022294) AN ORDINANCE providing for
establishment of the fees to be charged at the Wllliamson
Road and Viaduct Parking Lots; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 564.)
Mr. Musser moved the adoption of Ordinance No.
31871-022294. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Chairperson Pro Tem Bowles 6.
NAYS: None 0.
(Mayor Bowers was absent.)
BUDGET-EASEMENTS-CITY PROPERTY-ENVIRONMENTAL
ASSESSMENTS-CONSULTAntS REPORTS: The City Manager
submitted a written report advising that at its regular
meeting on Monday, July 26, 1993, Council adopted
Resolution No. 31605-072693 establishing the City's
Environmental Policy relating to Acquisition of Real
Property Interests; that the Policy requires the
engagement of a qualified environmental consultant to
perform Phase I environmental assessments in those
instances where it is determined to be prudent, which was
510
ACTION=
authorized by Council at its regular meeting on Monday,
December 13, 1993, pursuant to Resolution No. 31793-
121393; and the Policy also requires the engagement of a
separate qualified environmental consultant to perform
Phase II environmental assessments in those instances
where Phase I assessments indicate the need for further
investigation.
It was further advised that following proper
advertisement, 15 proposals were received and opened by
a selection committee; and the three most qualified firms
were interviewed and negotiations were conducted, with
the chosen firm of Law Engineering Services, Inc., to
provide Phase II Environmental Site Reports for up to 20
sites within the City.
The City Manager recommended that Council award a
professional services contract to Law Engineering, Inc.,
on the basis of direct personnel expenses, plus customary
fringe benefits for up to 20 environmental assessments,
at a cost not to exceed $75,000.00; that the City Manager
be authorized to enter into a contractual agreement, in
a form to be approved by the City Attorney, with Law
Engineering, Inc.; and that the Director of Finance be
authorized to establish an account entitled,
"Environmental Assessments - II" in the Department of
Engineering budget and transfer $3,000.00 from Bridge
Inspections, Account No. 001-052-4310-3072.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31872-022294) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 565.)
Mr. White moved the adoption of Ordinance No. 31872-
022294. The motion was seconded by Mr. Musser and
adopted by the following vote:
511 ,
ACTION:
ACTION:
AYES: Council Members Edwards, Harvey, Musser,
White and Chairperson Pro Tem Bowles---
NAYS: Council Member McCadden
(Mayor Bowers was absent.)
Mr. White offered the following resolution:
(#31873-022294) A RESOLUTION authorizing the
execution of an agreement with Law Engineering, Inc., to
provide certain engineering services, specifically Phase
II environmental assessments at sites selected by the
Environmental Compliance Officer.
(For full text of Resolution, see Resolution Book No. 55,
page 566.)
Mr. White moved the adoption of Resolution No.
31873-022294. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Edwards, Harvey, Musser,
White and Chairperson Pro Tem Bowles
NAYS: Council Member McCadden ..............
(Mayor Bowers was absent.)
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance
submitted the financial report for the City of Roanoke
for the month of January 1994.
(For full text, see financial report on file in the City
clerk's Office.)
Mr. Harvey moved that the financial report be
received and filed. The motion was seconded by Mr.
Musser and adopted.
CITY CLERK:
SCHOOLS: Inasmuch as the three year terms of
Marilyn L. Curtis, M. Wendy O'Neil and James M. Turner,
Jr., as Members of the Roanoke City School Board will
expire on June 30, 1994, the City Clerk submitted a
written report requesting that certain dates be
established by Council in connection with the selection
512
ACTION:
process 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.)
Pursuant to suggestion by the Chairperson Pro Tem,
Council concurred in the following dates:
On Monday, March 14, 1994, at 6:00 p.m.,
Second Floor Lobby of the Municipal Building,
215 Church Avenue, S. W., Council will hold an
informal meeting (reception), which will be
open to the public with all candidates for
school trustee.
On Monday, March 28, 1994, at 2:00 p.m., or as
soon thereafter as the matter may be heard,
Council as a Committee of the Whole, will
review and consider all candidates for the
positions of school trustee. At such meeting,
Council will review all applications filed for
the position and Council may elect to
interview candidates for such positions.
On Monday, April 4, 1994, 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 candidates, those candidates to be
accorded the formal interview and all other
candidates will be eliminated from the school
trustee selection process. 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 candidates.
On Monday, April 18, 1994, at 2:00 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 21, 1994, at 6:00 p.m., in
the City Council Chamber, Council will hold a
meeting for the purpose of conducting a public
interview of the candidates for school
trustee.
513
ACTION:
On Monday, May 9, 1994, 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: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARINGS OF CITIZENS: None.
At 3:05 p.m., the Chairperson Pro Tem declared the
meeting in recess.
At 3:45 p.m., the meeting reconvened in the Council
Chamber, with Chairperson Pro Tem Bowles presiding, and
all Members of the Council in attendance, with the
exception of Mayor Bowers.
COUNCIL: With respect to the Executive Session just
concluded, Mr. Edwards moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Edwards, Harvey, McCadden,
Musser, White and Chairperson Pro Tem Bowles 6.
NAYS: None. 0.
(Mayor Bowers was absent.)
514
There being no further business, the Chairperson Pro Tem
declared the meeting adjourned at 3:47 p.m.
ATTEST:
City Clerk
AP P ROVE D
Chairperson Pro Tem
515
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
February 28, 1994
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Cha_~ber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, February 28,
1994, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members James G. Harvey,
McCadden, Howard E. Musser, William White, Sr.,
Bowles, John S. Edwards and Mayor David A. Bowers-
II, Delvis O.
Elizabeth T.
7.
ABSENT: None
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend James
Rivers, Pastor, First Christian Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
BID OPENINGS
WATER RESOURCES-EQUIPMENT: Pursuant to notice of
advertisement for bids for chemical storage tanks at the
Water Pollution Control Plant, 1402 Bennington Street,
S. E., said bids to be received by the City Clerk until
1:30 p.m., on Monday, February 28, 1994, and to be held,
opened and read before the Council at 2:00 p.m., on that
date, or as soon thereafter as the matter may be heard,
the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present
raising any question, the Mayor instructed the City Clerk
to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
,!
516
ACTION=
ACTION:
ACTION=
BIDDER
TOTAL AMOUNT
Acorn Construction, Ltd.
Breakell, Inc.
Structures and Utilities
Co., Inc.
$144,890.00
163,727.00
194,700.00
(For full text, see bids on file in the City Clerk's
Office.)
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and adopted.
The Mayor appointed William White, Sr., Chairperson,
Kit B. Kiser and M. Craig Sluss 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.
OATHS OF OFFICE-COMMITTEES-MENTAL HEALTH SERVICES-
BLUE RIDGE COMMUNITY SERVICES: A report of qualification
of Ann J. Francis as a member of the Blue Ridge Community
Services Board, for a term 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.
Musser and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers 7.
NAYS: None 0.
517
ACTION:
ACTION:
OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT
COMMISSION: A report of qualification of David K. Lisk
as a member of the Fifth Planning District Com~ission,
for a term ending December 31, 1996, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers 7.
NAYS: None
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: A report of qualification of David K. Lisk
as a member of the Roanoke Neighborhood Partnership
Steering Committee, for a term ending November 13, 1996,
was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers 7.
NAYS: None
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CONVENTION ANDVISITORS BUREAU-TOURISM-HOTEL ROANOKE
CONFERENCE CENTER-ECONOMIC DEVELOPMENT: Ms. Martha A.
Mackey, Executive Director, the Roanoke Valley Convention
& Visitors Bureau (RVCVB), appeared before Council and
presented the Annual Report of the organization.
As a part of her slide presentation, she provided
information with regard to the mission of RVCVB, long and
short term objectives, staff responsibilities, marketing
objectives, affiliation with various professional
organizations, national marketing objectives, trade shows
518
and convention market, leisure advertising, town
advertising, conventions, contracted objectives regarding
conference center marketing, concept for promoting
conference center, Teaser Ad, media placement campaign,
direct mail campaign, Visitor Information Center
statistics from 1987-1993, Visitor Center attendance
figures, Convention Bureau budgets of other localities,
1994-95 budget, Capital Improvements, permanent staffing
in Visitors Center - satellite visitors centers,
increased convention advertising efforts, and future
goals.
(See documents on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that
the briefing would be received and filed.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
SPECIAL EVENTS: The City Manager having previously
requested time on the agenda to present a briefing with
regard to the City's Special Events program, he requested
that the item be withdrawn.
ITEMS RECOMMENDED FOR ACTION:
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-LANDMARKS/
HIST. PRESERVATION-WATER RESOURCES-AIR RIGHTS: The City
Manager submitted a written report advising that the City
acquired 118-124 Campbell Avenue, S. W., from James L.
Trinkle in order to preserve historic facades on Campbell
Avenue; that acquisition included a five foot strip of
property, formerly the southerly one-half of an alley,
along the rear of and the full width of the four
adjoining properties; that metal fire escapes exist on
the rear of the buildings at 118 and 122 Campbell Avenue
over the five foot strip; and the City did not acquire a
portion of the two story addition on the rear of 124
Campbell Avenue that encroaches approximately 6.50' by
25.0' over a portion of Mr. Trinkle's remaining property
(parking lot facing Kirk Avenue, S. W.).
519
ACTION:
It was further advised that an agreement to exchange
properties has been reached with Mr. Trinkle and City
staff; that the 5.0' wide City-owned strip behind 118,
120 and 122 Campbell Avenue which functions as a portion
of Mr. Trinkle's parking lot (that he did not intended to
include in the original sale to the City) is to be
exchanged for the 6.50' by 25.0' parcel which includes
portions of Mr. Trinkle's lots bearing Official Tax Nos.
1010522 and 1010523, Lots 21 and 22, Official Survey
SW-1, containing portions of the two-story addition on
the rear of 124 Campbell Avenue; and an air right
agreement is to be worked out to permit fire escapes to
remain in place over the 5.0' strip as well as a right of
access to the rear of the structures across Mr. Trinkle's
parking lot to remain in effect until the properties are
developed.
The City Manager recommended that Council authorize
an exchange of properties between the City and Mr.
James L. Trinkle in connection with a 5.0' by
approximately 81.50' strip of City-owned property and a
6.50' by 25.0' strip of property owned by Mr. Trinkle, as
well as an air rights agreement permitting fire escapes
to remain in place over the 5.0' strip and a right of
access to 118, 120, 122 and 124 Campbell Avenue, S. W.,
across Mr. Trinkle's parking lot which encompasses
Official Tax Nos. 1010522 and 1010523.
(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:
(#31874) AN ORDINANCE authorizing the execution of
certain documents relating to the exchange of certain
property between the City and James L. Trinkle, subject
to various terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 560.)
The motion was seconded by Mr. Edwards and adopted
by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers 7.
NAYS: None- 0.
520
BUDGET-PURCHASE/SALE OF PROPERTY-COMPLAINTS-STATE
HIGHWAYS-HOUSING/AUTHORITY-PLANNING-HOTEL ROANOKE
CONFERENCE CENTER-VIRGINIA TECH-ASBESTOS REMOVAL-STREETS
AND ALLEYS-TRAFFIC: The City Manager submitted a written
report advising that on Monday, April 13, 1987, Council
requested the Virginia Department of Transportation
(VDOT) 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, which alignment ultimately shifted
location to become known as the Second
Street/Gainsboro Road project.
It was further advised that on Monday, December 16,
1992, Council approved, pursuant to Resolution No. 31287-
121692, the location of the realignment of Wells Avenue,
N. W., from Wllliamson Road to Second Street, N. W.,
(currently known as First Street, N. W.); that the Wells
Avenue project schedule has been accelerated to improve
public safety and traffic flow in connection with the
opening of the Hotel Roanoke Conference Center in early-
1995; and on Monday, August 9, 1993, pursuant to
Resolution No. 31622-080993, Council approved the
location and major design features of the realignment of
Wells Avenue, N. W., from Williamson Road to Second
Street, N. W.
The City Manager explained that a contract for
demolition of structures that need to be displaced for
the widening of Wells Avenue is required in advance of
the Wells Avenue roadway contract to help reduce
construction work requirements of the roadway contractor,
which is important due to the short time frame that will
be available to the roadway contractor; that bids for
building demolition were received by the Virginia
Department of Transportation on February 16, 1994, with
the contract having been awarded the following day to
S. B. Cox, Inc., of Richmond, Virginia; that structures
that need to be razed are all within the area north of
Wells Avenue (to the alley) from Williamson Road to
Jefferson Street, which consists of eight commercial
buildings and two residential dwellings to be moved to
other property on Gilmer Avenue; that traffic on Wells
521
ACTION=
Avenue will need to be detoured periodically during
demolition work in the interest of public safety; that
execution of an agreement is necessary before VDOT will
permit the contractor to begin demolition; and the City's
share of the cost of the demolition contract is
$4,122.00, or two per cent of actual cost.
The City Manager recommended that he be authorized
to execute a City-State Agreement with the Virginia
Department of Transportation, in a form to be approved by
the City Attorney; and that the Director of Finance be
authorized to transfer $4,122.00 from the Streets and
Bridges Category of 1992 Bond Series-A to Wells Avenue,
Account No. 008-052-9547-9001.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(~31875-022894) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 542.)
Mrs. Bowles moved the adoption of Ordinance No.
31875-022894. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ...... 7.
NAYS: None
Mrs. Bowles offered the following resolution:
(#31876-022894) A RESOLUTION authorizing the
execution of an agreement with the Virginia Department of
Transportation relating to demolition of structures in
connection with the widening and realignment of Wells
Avenue, N. E.
(For full text of Resolution, see Resolution Book No. 55,
page 543.)
Mrs. Bowles moved the adoption of Resolution No.
31876-022894. The motion was seconded by Mr. Harvey and
adopted by the following vote:
522
ACTION:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles, Edwards and Mayor Bowers ..... 7.
NAYS: None
CITY SHERIFF-FLEETMAINTENANCE FUND-EQUIPMENT: The
City Manager submitted a written report advising that
vehicles for the City Sheriff are necessary for
transportation of prisoners and for performance of
required duties; and two vehicles are required to replace
existing units which have high mileage and are
experiencing increased maintenance costs.
The City manager recommended that Council accept the
bid submitted by Freedom Ford to lease %o the City one
new 4-door, 4-wheel drive utility type vehicle, at a
monthly rental rate of $481.00, and the bid of Magic City
Motor Corporation to lease one new 4-door, full size
automobile, at a monthly rental rate of $411.97.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(~31877-022894) A RESOLUTION accepting the bids for
the lease of two vehicles for use by the Sheriff's
Department, upon certain terms and conditions; and
rejecting all other bids made for such items.
(For full text of Resolution, see Resolution Book No. 55,
page 543.)
Mr. Musser moved the adoption of Resolution No.
31877-022894. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Edwards 6.
NAYS: None .......... 0.
(Mayor Bowers abstained from voting.)
BUDGET-PARKS AND RECREATION-PUBLIC WORKS-UTILITY
LINE SERVICES-CMERP-UTILITIES-FLEET MAINTENANCE FUND-
EQUIPMENT: The City Manager submitted a written report
advising that Capital Maintenance and Equipment
Replacement needs have been identified for various
523
departments; whereupon, he addressed some of the needs
for equipment for Utility Line Services, Parks and
Grounds and Building Maintenance.
The City Manager recommended that Council accept the
following bids and reject all other bids received by the
City.
1. one new cab/chassis for hydraulic sewer
cleaner from Magic City Ford, at a total cost
of $38,796.52;
2. one new hydraulic sewer cleaner from MSC
Equipment, Inc., at a total cost of
$34,485.00;
3. one new cab/chassis for 20 ton dump body, two
new cab/chassis for 10 ton dump bodies, and
one new cab/chassis for one ton dump body from
Magic City Ford, at a total cost of
$145,736.63;
4. one new 20 ton dump body, one new utility
body, two new 10 ton dump bodies, and one new
eight foot dump body from Truck Body
Corporation, at a total cost of $27,987.16;
5. one new one ton pick-up cab/chassis from
Farrell Ford, Inc., at a total cost of
$12,640.38;
6. one new 1/2 ton pick-up truck, 4-wheel drive
and two 3/4 ton pick-up trucks from Berglund
Chevrolet, Inc., at a total cost of
$39,461.82; and
7. two new trailer mounted air compressors from
Mitchell Distributing Company, at a total cost
of $21,940.00.
It was further recommended that funding be provided
as follows:
transfer $200,000.00 in excess hospitalization
insurance funds in the General Fund to Fleet
Management expenditure accounts in the General
Fund;
524
ACTION=
increase the expenditure budget in Account No.
017-052-2642-9010, Vehicular Equipment, by
$200,000.00 and the corresponding revenue
estimate in Account No. 017-020-1234-1200 by
$200,000.00 in the Fleet Management Fund,
which $200,000.00 will provide funding of
$173,953.94 of purchases identified in the
report including items #3, #4, one
of #7, one of #8, #9, #10, #11, #12,
one air compressor, and $26,046.06
for future equipment purchases;
appropriate $182,831.57 from Utility Line
Services Retained Earnings Account as follows:
$147,093.57 for items #1, #2, #5,
#6, one of #7, one of #8, and one
air compressor to Utility Line
Services, Account No. 016-056-2625-
9010;
$32,211.00 for saws, pumps, shields,
valve, paving and video equipment to
Utility Line Services Account No.
016-056-2625-9015; and
$3,527.00 for generators and video
cable to Utility Line Services
Account No. 016-056-2625-2035.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
ordinance:
(#31878-022894) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General, Fleet
Maintenance and Utility Line Service Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 544.)
Mrs. Bowles moved the adoption of Ordinance No.
31878-022894. The motion was seconded by Mr. Edwards
adopted by the following vote:
525
ACTION:
ACTION
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Edwards 6.
NAYS: None. 0.
(Mayor Bowers abstained from voting.)
Mrs. Bowles offered the following resolution:
(#31879-022894) A RESOLUTION accepting bids for
certain vehicular and related equipment, and rejecting
other bids.
(For full text of Resolution, see Resolution Book No. 55,
page 549.)
Mrs. Bowles moved the adoption of Resolution No.
31879-022894. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, McCadden, Musser,
White, Bowles and Edwards 6.
NAYS: None 0.
(Mayor Bowers abstained from voting.)
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:
SCHOOLS-DECEASED PERSONS: Mr. Musser moved that the
City Attorney be requested to prepare the proper measure
expressing the s~anpathy of Council upon the passing of
Donald Bartol, a former member of the Roanoke City School
Board. The motion was seconded by Mr. Edwards and
unanimously adopted.
OTHER HEARINGS OF CITIZENS: None.
526
OATHS OF OFFICE-COMMITTEES-LEAGUE OF OLDER
AMERICANS: The Mayor advised that the one-year term of
Corinne B. Gott as the City's Representative to the
Advisory Committee of the League of Older Americans will
expire on February 28, 1994, and called for nominations
to fill the vacancy.
Mr. Musser placed in nomination the
Corinne B. Gott.
name of
There being no further nominations, Ms. Gott was
reelected as the City's Representative to the Advisory
Committee of the League of Older Americans, for a term of
one year, ending February 28, 1995, by the following
vote:
ACTION:
FOR MS. GOTT: Council Members Harvey, McCadden,
Musser, White, Bowles, Edwards and Mayor Bowers ........ 7.
There being no further business, the Mayor declared the
meeting adjourned at 2:45 p.m.
APPROVED
ATTEST:
City Clerk
527
Iil
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
March 7, 1994
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, March 7,
1994, at 2:00 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Delvis O. McCadden, Howard E.
Musser, William White, Sr., John S. Edwards, James G. Harvey, II,
and Mayor David A. Bowers --- 6.
ABSENT: Council Member Elizabeth T. Bowles ..... 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Rltchie, Sr., Assistant City Manager; Wtlburn C. Dibling, Jr., City
Attorney; Jesse A. Hall, Deputy Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Larry D.
Atkin, Pastor, Edgewood Christian Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
BID OPENINGS
INDUSTRIES: Pursuant to notice of advertisement for
bids for improvements to the Deanwood Industrial Park
area, said bids to be received by the City Clerk until
1:30 p.m., on Monday, March 21, 1994, and to be held,
opened and read before the Council at 2:00 p.m., on that
date, or as soon thereafter as the matter may be heard,
the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present
raising any question, the Mayor instructed the City Clerk
to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
528
ACTION:
ACTION:
ACTION:
BIDDER
TOTAL AMOUNT
Adams Construction Co.
$. R. Draper Paving Co., Inc.
S. C. Rossi & Co., Inc.
$235,570.00
246,284.30
258,577.50
(For full text, see bids on file in the City Clerk's
Office.)
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and adopted.
The Mayor appointed William White, Sr., Chairperson,
William F. Clark and Charles M. Huffine as members of the
committee.
CONSENT AGENDA
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Edwards 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:
529
tl
ACTION:
ACTION:
AYES: Council Members McCadden, Musser, White,
Edwards, Harvey and Mayor Bowers - 6.
NAYS: None
(Council Member Bowles was absent.)
OATHS OF OFFICE-COMMITTEES-ZONING: A report of
qualification of Willard G. Light as a member of the
Board of Zoning Appeals, for a term ending December 31,
1996, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. Edwards 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 McCadden,
Edwards, Harvey and Mayor Bowers
NAYS: None ---
Musser, White,
6.
-0.
(Council Member Bowles was absent.)
OATHS OF OFFiCE-COMMiTTEES-BUILDINGS/BUILDING
DEPARTMENT: A report of qualification of Reginald P.
Church as a member of the Board of Building code Appeals,
for a term ending September 30, 1995, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. Edwards 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 McCadden, Musser,
Edwards, Harvey and Mayor Bowers
NAYS: None-
White,
6.
O®
(Council Member Bowles was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS: None.
53O
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
SPECIAL EVENTS: E. Laban Johnson, Special Events
Coordinator, appeared before Council and presented a
briefing with regard to special events held in the City
of Roanoke, advising that during the year 1993, 1,911
special events were held, some of which include the
following:
204 permits were issued which reflect only
those events held out of doors, and it is
estimated that in excess of 500 events were
held throughout the City;
24 large festivals, such as Festival In The
Park and Roanoke Catholic Carousel, etc.;
28 fundraising events;
4 patriotic avents which were held primarily
at the War Memorial in Lee Plaza
11 parades;
10 athletic runs;
6 special one-time sporting events;
26 religious events;
39 protests or demonstrations conducted along
City rights-of-way;
20 block parties; and
37 miscellaneous events.
Mr. Johnson explained that City staff is in the
process of preparing a proposed new festivals ordinance
that will combine many of the ordinances presently in the
City Code which pertain to festivals and other public
gatherings for consideration by Council in the near
future.
Without objection by Council, the Mayor advised that
the briefing would be received and filed.
531
CONSULTANTS REPORTS-REGIONAL CHAMBER OF COMMERCE-
CHURCHES-TOTAL ACTION AGAINST POVERTY-NEIGHBORHOOD
ORGANIZATIONS-ROANOKE NEIGHBORHOOD PARTNERSHIPS-STREETS-
HUMAN RESOURCES-DRUGS/SUBSTANCE ABUSE-POLICE DEPARTMENT-
FIRE DEPARTMENT-TAXES-ENTERPRISE ZONE-ECONOMIC
DEVELOPMENT-HOUSING/AUTHORITY-PLANNING: The City Manager
called upon John R. Marlles, Chief of Community Planning,
to present a briefing on the Urban Empowerment Zone and
Enterprise Communities Program.
Mr. Marlles advised that the Program is the central
element of President Clinton's community revitalization
agenda, and pointed out that the framework of the Program
is embodied in the following four key principles:
The first priority in revitalizing distressed,
inner-city areas is to provide economic
opportunities -- jobs and work -- for all
residents. The creation of Jobs, both within
the community and throughout the region,
provide the foundation on which distressed,
inner-city neighborhoods may revitalize
themselves and help make residents
economically self-sufficient.
A neighborhood where the streets are safe, the
air and water are clean, housing is sound and
affordable, and human services are accessible
is a community that can be the source of
strength and hope to its residents.
The road to economic opportunity and community
development starts with broad participation by
all segments of the community. The Program
recognizes that communities cannot succeed
relying on public resources alone. Private
and non-profit support is critical to the
success of a community revitalization effort.
Community revitalization requires clear goals,
priorities and a strategic vision for change.
Mr. Marlles explained that communities wishing to
apply for designation will be required to prepare a
strategic plan which describes coordinated economic,
human, community and physical development plans and
related activities proposed for the nominated area. He
pointed out that the strategic plan must be completed and
submitted to the U. S. Department of Housing and Drban
Development (HUD) by June 30, 1994; that HUD has made it
clear that in order to be competitive, the strategic plan
532
for the nominated area must involve extensive citizen
participation; and by working together, citizens, local
and State agencies, private businesses and the non-profit
sector will be required to develop a plan for the
nominated area that addresses the following:
includes an overall vision for revitalization of
the designated area;
describes the way that selected approaches to
economic development, social/human services,
transportation, housing, community
development, public safety, drug abuse
prevention and education, and environmental
concerns will be addressed in a coordinated
fashion;
describes what governmental and private
resources will be used to support the plan;
describes the barriers to successful
implementation of the plan; and
describes how the plan will be implemented,
and what benchmarks will be used to measure
progress.
Mr. Marlles stated that communities designated as
Enterprise Communities will be awarded $3 million to
assist in implementation of the strategic plan for the
nominated area; will be eligible for new tax exempt
facility bonds for certain private business activities;
will receive special consideration in competing for
funding under other Federal programs; and will receive
special consideration from the Federal Government in
overcoming regulatory impediments and more flexible use
of existing Federal funds.
Mr. Marlles explained that the City has prepared for
the competition in a number of ways, i.e.:
In November, staff from the City's Planning
and Economic Development Departments and from
Total Action Against Poverty attended a
national seminar on the program sponsored by
George Washington University.
On February 23, 1994, a team representing City
government, Total Action Against Poverty,
neighborhood organizations, the Roanoke
Regional Chamber of Commerce, and churches in
533
the area eligible for nomination attended a
workshop for communities interested in applying for
the program which was sponsored by HUD in Atlanta,
Georgia.
The City has advertised for professional
services to assist in the preparation of the
required strategic plan. Staff will prepare a
Council report outlining the request for
Council's consideration at its March 14, 1994,
meeting.
Mr. Marlles advised that the areas eligible for
nomination within the City include Gainsboro, Gilmer,
Loudon/Melrose, portions of Melrose/Rugby, and Hurt Park;
and in order to be eligible, an area must be located
within a metropolitan area, have a maximum population of
50,000, not exceed 20 square miles, have a poverty rate
at or above: 20 per cent for each census tract, 25 per
cent in at least 90 per cent of the census tracts and 35
per cent in at least 50 per cent of the census tracts,
and consist of entire census tracts.
Mr. Marlles explained that preparing the required
strategic plan will call for substantial effort not only
by the City, but by residents, businesses, non-profit
organizations, churches, ciwic groups and other groups
and organizations that are active in these areas, and if
the City is not selected, the plan will provide a
valuable guide for the City and for other groups and
organizations that are interested in the revitalization
of those specific neighborhoods; and there is a strong
indication that the required strategic plan will meet the
planning requirements for other programs, such as the
Comprehensive Housing Affordability Strategy and the
Community Development Block Grant program which will be
mandated for entitlement communities in the next several
years.
The City Manager advised that Theodore J. Edlich,
III, Executive Director of Total Action Against Poverty,
played a key role in calling the program to the City's
attention in the late fall of 1993. He stated that only
65 Enterprise Communities will be designated from across
the United States; that Roanoke will compete with other
localities in Virginia, as well as localities from across
the United States, and preliminary indications reveal
that Richmond, Newport News and other Tidewater
localities will compete. He stated that in discussing
the matter with Mr. Edlich, it was agreed that all
available resources within the organization would be
534
brought together to assist in the process; and a request
will be submitted to Council for professional services
support, not so much for the benefit of the City or for
TAP, but to work with churches, neighborhoods and private
sector organizations in order to meet the June 30, 1994
deadline. He added that in many ways the City is being
asked to submit a vision or comprehensive plan for those
areas abovedescribed by Mr. Marlles; that at this late
date, City staff has advised that they could not have
recommended that the City enter into the competition if
the current working relationship through the Roanoke
Neighborhood Partnership and public/profit/non-profit and
religious groups had not already existed; and also due to
the fact that a great deal of the necessary data for the
neighborhoods has already been generated through census
information and the most recent visioning process. He
stated that if the City is to be successful, it is
important to have the right resources; and with reference
to identifying a source of funds, he advised that City
staff has conferred with officials of the HUD area office
who state that the program is an eligible use of
Community Development Block Grant funds. He noted that
the City's annual CDBG allocation and the Comprehensive
Housing Affordability Strategy will be molded into a
single application in the very near future; and HUD has
advised that even if the City is not successful in the
competition, the document will not have been prepared in
vain because this is the mechanism that HUD will ask
local governments to use in doing business in the future.
Mr. Herbert explained that when Roanoke City officials
attended the meeting in Atlanta, Roanoke was the only
community in attendance that had a representative from
the religious community, the non-profit community, the
Chamber of Commerce and local government, which
represents what HUD is looking for -- a team approach --
as opposed to City government trying to solve all of the
problems.
Following discussion of the matter, without
objection by Council, the Mayor advised that the briefing
would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
DIRECTOR OF FINANCE-POLICE DEPARTMENT-HEALTH
DEPARTMENT-CITY TREASURER-GENERAL SERVICES-BUDGET-PARKS
AND RECREATION-HUMAN DEVELOPMENT-CITY ATTORNEY-
COMMISSIONER OF REVENUE-REALESTATE VALUATION-REGISTRAR-
PERSONNEL DEPARTMENT-COMMUNICATIONS DEPARTMENT-CMERP-
MUNICIPAL AUDITOR-MANAGEMENTANDBUDGET-CITY INFORMATION
535
ii
SYSTEMS-EMERGENCY MEDICAL SERVICES-FLEET MAINTENANCE
FUND-EQUIPMENT-PROCUREMENT CODE: The City Manager
submitted a written report advising that Capital
Maintenance and Equipment Replacement needs have been
identified fo~ various departments, and certain
identified items are needed for continued efficient and
effective performance of assigned duties and
responsibilities; that single purchases, which will cost
less than $15,000.00, will be procured in accordance with
the City's Procurement Code; and appropriation of funds
is necessary to provide for the purchase of certain
equipment totalling $179,799.90.
The City Manager recommended that Council
appropriate $179,799.00 from the Capital Maintenance and
Equipment Replacement Program, City Information Systems
Fund Prior Year Retained Earnings, and Management
Services Fund Prior Year Retained Earnings to various
departmental accounts, as follows:
Capital Maintenance and Equipment Replacement
Program:
$13,808.00 to Fleet Management, Account No.
017-052-2642-9015
$770.00 to City Treasurer, Account No. 001-
020-1234-2035
$506.00 to Police Department, Account No. 001-
050-3113-9015
$14,000.00 to Emergency Medical Services,
Account No. 001-050-3521-9015
$500.00 to General Services, Account No. 001-
056-1237-2035
$50,000.00 to City Information Systems,
Account No. 013-052-1602-9015
City Information Systems Fund Prior Year
Retained Earninqs:
$87,298.00 to City Information Systems,
Account No. 013-052-1602-9015
$10,104.00 to City Information Systems,
Account No. 013-052-1601-2035
536
ACTIONt
Management Services Fund Prior Year Retained
Earninqs:
$2,560.00 to Management Services, Account No.
015-002-1618-9015
$253.00 to Management Services, Account No.
015-002-1617-2035
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
ordinance:
(#31880-030794) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General, City Information
Systems, Management Services, and Fleet Management Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 577.)
Mr. White moved the adoption of Ordinance No. 31880-
030794. The motion was seconded by Mr. Musser.
Council Member White raised a question with regard
to the total price of computer purchases which emceed
$15,000.00, and stated that it would appear that the City
should request sealed bids. He inquired if contacts have
been made with the Roanoke City Schools and the Roanoke
Redevelopment and Housing Authority to discuss the matter
of combined purchase of equipment, and further inquired
as to the reason Wordperfect Software 5.1 as opposed to
a 6.0 upgrade is proposed in some purchases. He added
that if the request presently before Council is approved,
it is unknown as to the brand of computers to be
purchased and whether new equipment will upgrade or
replace current equipment, etc.
The Manager of General Services advised that the
City is in almost constant contact with appropriate
officials of the Roanoke City Schools and the Roanoke
Redevelopment and Housing Authority to determine if there
are purchases that may be pursued on a Joint basis in
order to save money. He stated that the personal
computers and related items as identified in the City
Manager's report are systems that were proposed by the
City Information Systems Department for use by various
departments throughout the City, and units purchased by
the school system are used primarily as instructional
537
,!
units and qualify under an educational contract that does
not apply to the City. He explained that prices listed
on Attachment A of the City Manager's report are
available to the City through a State contract system;
and the City has found, historically, that the State
contract system for this particular type of commodity far
outweighs the price if the item were advertised for bids,
however, the City will bid the items to verify the best
prices. In reference to purchasing 5.1 as opposed to 6.0
Wordperfect software, he explained that the City
Information Systems Department recommended the various
systems based on their analysis of needs of individual
City departments, and he would be pleased to confer with
the appropriate City staff and provide Mr. White with a
more detailed response to his inquiry.
Ordinance No. 31880-030794 was adopted by the
following vote.
AYES: Council Members McCadden, Musser, White,
Edwards, Harvey and Mayor Bowers ...... 6.
NAYS: None-
(Council Member Bowles was absent.)
ViRGiNiA MUNiCiPALLEAGUE-APPALACHIANPOWER COMPANY-
STREET LiGHTS-CITYGOVERNMENT-SCHOOLS: The City Manager
submitted a written report advising that proposed revised
electrical rates to be effective July 1, 1993, were
received on June 29, 1993, pursuant to communication from
Appalachian Power company (APCO); that announced
increases were to be 5.0 per cent, effective July 1,
1993, and an additional 3.9 per cent, effective July 1,
1994, for an additional two years; and street lighting
rates were to increased by an additional 3 to 10 per
cent.
It was further advised that negotiations with APCO
were authorized on June 28, 1993, by Council through the
Virginia Municipal League and Virginia Association of
Counties; that APCO billed the increased rates effective
July 1, 1993, which were paid as negotiations continued;
and an agreement with Appalachian Power Company, proposed
to be effective retroactive to July 1, 1993, has been
reached, subject to approval by Council, which provides
for the following:
538
General usage ratss will increase 5.0 per cent
over the June 30, 1993 rates for the period
July 1, 1993, through December 31, 1993.
General usage rates will increase 1.6 per cent
over the June 30, 1993 rates for the period of
January 1, 1994, through June 30, 1995, which
is in effect a 3.4 per cent reduction to the
rates paid in December 1993.
General usage rates will increase 0.9 per cent
July 1, 1995, through June 30, 1996, for a
total increase of 2.5 per cent over the
June 30, 1993 rate schedule.
Street lighting rates will increase 6.9 per
cent over June 30, 1993 rates for the period
of July 1, 1993, through December 31, 1993.
Street lighting will be decreased to provide
for a 1.5 per cent increase over the June 30,
1993 rates for the period January 1, 1994,
through June 30, 1996.
It was explained that the above percentages are
approximate; that the precise proposed rates are outlined
in a schedule contained in a document entitled Public
Authority Tariff No. 6 issued January 14, 1994, from
Joseph H. Vipperman, President of Appalachian Power
Company; and in general, usage rates are a little higher
and street lighting rates are a little lower than the
above percentages, which may be due to the Fuel
Adjustment Clause impact.
The City Manager recommended that Council approve
Public Authority Tariff No. 6 as attached to the report
for rates and fees as an amendment to the March 15, 1991
agreement between the City of Roanoke and Appalachian
Power Company for the purchase of electricity and for
street lighting, which agreement expired on December 31,
1992.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following resolution:
539
ACTION=
(#31881-030794) A RESOLUTION authorizing the City
Manager to enter into the appropriate contractual
agreements with Appalachian Power Company providing for
revised general service electrical rates and revised
street lighting rates, effective retroactively to July 1,
1993, and approving certain rate schedules, upon certain
terms and conditions.
(For full text of Resolution, see Resolution Book No. 55,
page 579.)
Mr. Harvey moved the adoption of Resolution No.
31881-030794. The motion was seconded by Mr. White.
Mr. Edwards presented copy of a Letter to the Editor
of the Roanoke Times & World News from Doug Zirkle which
appeared in the Thursday, March 3, 1994 edition entitled,
"Bury All Utility Lines", and reiterates his remarks to
Council on February 14, 1994, in reference to the cost to
the community when trees fall on utility lines, etc. He
suggested that the City Manager talk with appropriate
officials of Appalachian Power Company, a systematic
approach, over a period of time, to eventually bury all
utility lines in the City of Roanoke. He stated that the
issue should be explored as a long-term vision for the
City so that citizens will not experience power outages,
dislocations and disruptions of service.
Upon question as to how the City would become
involved in the matter, the City Manager advised that the
issue was raised before the Virginia General Assembly at
which time there was discussion about whether or not the
State Corporation Commission would be willing to seek a
cost Justification. He stated that the City's role would
be in asking the necessary questions, and he was unsure
as to whether or not the City has a direct role; however,
City Council, representing the community, has the right
to ask these types of questions of Appalachian Power
Company.
Mr. White requested that if Appalachian Power
Company determines that it is feasible to initiate a plan
to bury power lines, that the City be advised as to
whether the cost would be included in the base utility
rate and, thus, funded by users of the utility.
Resolution No. 31881-030794 was adopted by the
following vote:
54O
AYES: Council Members McCadden, Musser, White,
Edwards, Harvey and Mayor Bowers- 6.
NAYS: None.
(Council Member Bowles was absent.)
BUDGET-TRAFFIC-SEWERS AND STORM DRAINS-STATE
HIGHWAYS-WATER RESOURCES: The City Manager submitted a
written report advising that Carvins Cove Filter Plant
Improvement includes expansion of the Filter Plant at
Carvins Cove (Phase I) and installation of over 70,000
linear feet of waterline from Carvins Cove to the Crystal
Springs Pump Station (Phase II); that Wllliamson Road
Project betterment includes installation of water lines
from Carpet World near Plantation Road to the Hollins
College property, which is the portion of the waterline
project that was included in the Virginia Department of
Transportation project, and widening Route 11 from
Plantation Road to Hollins College, to alleviate a
serious coordination problem between the proposed storm
drain, sanitary sewer and waterline; and due to the
number and locations of conflicting utilities in the
area, it was anticipated that the unit price cost for
this portion of the waterline project would be extremely
expensive.
It was further advised that contracts awarded for
Carvins Cove Waterline are as follows:
Contract B-l, awarded on September 13, 1993,
to H. Hamner Gay and Co., Inc., total contract
amount with contingency: $3,216,417.00;
Contract B-2, awarded on June 28, 1993, to
Aaron J. Conner, General Contractor, Inc.,
total contract amount with contingency:
$2,721,053.94;
Contract C-I, awarded on June 28, 1993, to
E. C. Pace Co., Inc., total contract amount
with contingency: $1,634,574.48; and
Contract C-2, awarded on June 28, 1993, to
H. Hamner Gay and Co., Inc., total contract
amount with contingency: $2,567,988.50.
It was explained out that bids were received by the
Virginia Department of Transportation, as part of the
U. S. Route 11 road improvement project, with the low
bidder pricing the "waterline betterment" at $526,549.82.
541
ACTION:
ACTION:
The City Manager recommended that he be authorized
to execute an agreement with the Virginia Department of
Transportation to provide for construction of waterline
betterments for Phase II Improvements to the Carvins Cove
Filter Plant, in the amount of $526,549.82; and that
Council appropriate $526,550.00 from Water Fund Retained
Earnings to a new account to be entitled, "Carvins Cove,
Phase II, VDOT Waterline Betterment".
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following emergency budget
ordinance:
(#31882-030794) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 580.)
Mr. McCadden moved the adoption of Ordinance No.
31882-030794. The motion %;as seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Edwards, Harvey and Mayor Bowers ....... 6.
NAYS: None'
(Council Member Bowles was absent.)
Mr. McCadden offered the following emergency
ordinance:
(#31883-030794) AN ORDINANCE approving execution of
an agreement between the City and the Virginia Department
of Transportation (VDOT) to provide for installation of
a 36-inch waterline in connection with VDOT's U.S. Route
11 highway improvement project, which waterline
betterment is required by Phase II of the City's Carvins
Cove Filter Plant Improvements; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 581.)
Mr. McCadden moved the adoption of Ordinance No.
31883-030794. The motion was seconded by Mr. Musser and
adopted by the following vote:
542
AC?ION=
AYES: Council Members McCadden, Musser, White,
Edwards, Harvey and Mayor Bowers 6.
NAYS: None 0.
(Council Member Bowles was absent.)
REPORTS OF COMMITTEES:
INSURANCE-CITY PROPERTY-SPECIAL PERMITS-WATER
RESOURCES-STREETS AND ALLEYS: Council Member James G.
Harvey, II, Member, Water Resources Committee, presented
a written report on behalf of the Committee, with regard
to encroachment of a structure located at 1134 Highland
Avenue, S. E., into a City-owned alley.
A staff report advised that the subdivision creating
the property, Block 2, National Investment Company,
occurred during the turn of the century; that an alley of
varying widths is described on maps as "Old Roanoke &
Vinton Road"; that the structure on the property has
existed at said location for many years; that the
property was recently purchased and the survey identified
encroachment of a 4.5 foot by 15.0 foot triangular
portion of the northeast corner of the house and back
porch and a 5.0 foot by 6.0 foot stoop into the alley;
and since the alley is at least 30 feet wide in this
area, there is no impediment to traffic caused by the
encroachment.
The Water Resources Committee recommended that a
revocable permit be granted to the owners of property
located at 1134 Highland Avenue, S. E., thereby allowing
the structure to encroach into the alley.
(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:
(#31884) AN ORDINANCE granting a conditional permit
for an existing structure encroaching over and into the
alley located adjacent to 1134 Highland Avenue, S. E.,
Official Tax No. 4121107, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 593.)
543
ACTION=
The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members McCadden, Musser, White,
Edwards, Harvey and Mayor Bowers 6.
NAYS: None
(Council Member Bowles was absent.)
INSURANCE-CITY PROPERTY-SPECIAL PERMITS-WATER
RESOURCES-STREETS AND ALLEYS: Council Member James G.
Harvey, II, Member, Water Resources Committee, presented
a written report on behalf of the Committee, with regard
to encroachment of a structure located at 2120 Carter
Road, S. W., into the public right-of-way of a 20 foot
wide alley known as Arbutus Lane.
A staff report advised that construction of the
residence and detached garage located at 2120 Carter
Road, S. W., Official Tax No. 1540409, owned by Mary F.
Hauser, occurred prior to 1940; that sale of the property
to James E. and Cynthia A. Griffith required preparation
of a survey which located property lines and improvements
to the property; that encroachment of the garage into the
alley (Arbutus Lane) 1.6 feet in depth by 20.0 feet
(length of the garage) was discovered during the survey;
and a request for a revocable permit to allow the
encroachment to continue for the life of the structure
has been received.
The Water Resources Committee recommended that
Council authorize a revocable permit to allow a detached
garage located at 2120 Carter Road, S. W., to encroach
into the right-of-way of a 20 foot wide alley known as
Arbutus Lane.
(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:
(#31885) AN ORDINANCE granting a conditional permit
for an existing structure encroaching over and into the
public right-of-way of Arbutus Lane, located adjacent to
2120 Carter Road, S. W., Official Tax No. 1540409, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 595.)
544
The motion was seconded by Mr. McCadden and adopted
by the following vote:
AYES: Council Members McCadden, Musser, White,
Edwards, Harvey and Mayor Bowers 6.
NAYS: None 0.
(Council Member Bowles was absent.)
PURCHASE/SALE OF PROPERTY-SEWERS AND STORM DRAINS-
EASEMENTS-CITY PROPERTY-INDUSTRIES-UTILITIES: Council
Member James G. Harvey, II, Member, Water Resources
Committee, presented a written report on behalf of the
Committee, with regard to a land transfer from Roanoke
Centre for Industry and Technology to Blue Hills Circle
in the Roanoke Centre for Industry and Technology to Blue
Hills Golf Corporation.
A staff report advised that Blue Hills Circle,
N. E., road and utility improvements are part of the City
of Roanoke's commitment for the relocation of Transkrit
Corporation to Roanoke; that the sanitary sewer in Blue
Hills Circle was relocated to outside of the road right-
of-way in order to realize a cost savings in excess of
$20,000.00; and portions of the right-of-way previously
recorded for the original cul-de-sac on Blue Hills Circle
is currently not needed inasmuch as the road has been
extended to serve Transkrit Corporation.
It was further advised that Blue Hills Golf
Corporation allowed the City to construct the relocated
sanitary sewer on their property under a right of entry
with the understanding that they would be compensated
fairly for their property; that subsequently, Blue Hills
Golf Corporation requested ownership of the unused
portion of the old cul-de-sac right-of-way to allow
installation and maintenance a sign; and plats were
prepared showing the unused portion of the right-of-way,
with a sanitary sewer easement and public utility
easement to protect existing utilities and easement from
Blue Hills Golf Corporation.
The Water Resources Committee recommended that
Council authorize the abandonment and transfer of the
unused portions of right-of-way as shown on Attachment A
of the report to Blue Hills Golf Corporation and accept
545
,!
a sanitary sewer easement from Blue Hills Golf
Corporation as shown on Attachment B of the report.
(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:
(#31886) AN ORDINANCE authorizing the execution of
certain documents relating to the exchange of certain
property between the City and Blue Hills Golf
Corporation, subject to various terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 596.)
The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council Members McCadden,
Edwards, Harvey and Mayor Bowers-
NAYS: None
Musser, White,
e
(Council Member Bowles was absent.)
DRUGS/SUBSTANCE ABUSE-COMMONWEALTH'S ATTORNEY-WATER
RESOURCES: Council Member James G. Harvey, II, Member,
Water Resources Committee, presented a written report on
behalf of the Committee, with regard to a lease agreement
for the Multi-Jurisdictional Drug Prosecutor's Office in
the Crystal Tower Building.
A staff report advised that the current lease
agreement between the City and Crystal Towers Building
Corporation expired on December 31, 1993; that the need
for additional space, effective July 1, 1993, has caused
the office to move to larger quarters in the Crystal
Tower Building; that the lease addendum to cover the cost
of the move to new space from July 1, 1993, through
December 31, 1993, was authorizedbyCouncil, pursuant to
Ordinance No. 31694-091393; and the additional cost of
the lease is to be absorbed through a grant to the
Commonwealth Attorney's Office.
The Water Resources Committee recommended that
Council authorize execution of a new lease between the
City and Crystal Tower Building Corporation on a month-
to-month basis, said lease to be cancelled by either
party with two months prior notice, commencing January 1,
546
ACTION=
1994, with the lease fee to be $7,680.00 per annum in
monthly installments of $640.00, said lease to be
prepared by the Commonwealth Attorney's Office and the
Crystal Tower Building Corporation, in a form to be
approved by the City Attorney.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency
ordinance:
(#31887-030794) AN ORDINANCE authorizing the proper
City officials to enter into a lease between the City of
Roanoke and Crystal Tower Building Corporation for use by
the multi-Jurisdictional drug prosecutor, upon certain
terms and conditions, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 582.)
Mr. Harvey moved the adoption of Ordinance No.
31887-030794. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden,
Edwards, Harvey and Mayor Bowers
NAYS: None.
Musser, White,
6.
(Council Member Bowles was absent.)
SEWERS AND STORM DRAINS-EASEMENTS-CITY PROPERTY-
WATER RESOURCES: Council Member James G. Harvey, II,
Member, Water Resources Committee, presented a written
report on behalf of the Committee, with regard to
abandonment of a sanitary sewer easement under a
structure located at 3110 Wllliamson Road, N. W., and
acceptance of the dedication of new easements in order to
move the sewer line.
A staff report advised that a City sanitary sewer is
located across the rear of lots facing the westerly side
of Wllliamson Road, N. W., in Block 1, Powers Addition;
that no formal easement has been established, however,
the City claims preemptive right to five feet on either
side of the centerline of the sewer, for a total of ten
feet, in lieu of an easement; and the sewer line passes
under the building on Lot 14, Block 1, Powers Addition,
which, along with adjoining Lot 13, Official Tax Nos.
2070138 and 2070139, are owned by Floyd H. Johnson, Jr.
547
ACTION=
It was further advised that the two abovedescribed
lots and structure are to be purchased by the Crisis
Pregnancy Center of the Roanoke Valley, Inc.; that in
order to address the problem of the sewer line under the
structure, the Crisis Pregnancy Center has contacted four
neighboring property owners to the south and west of the
Powers property and has negotiated agreements to move the
sewer into a new easement that bypasses a section under
the structure at 3110 Williamson Road, N. W.; that costs
of the easements and moving the sewer will be funded by
the Crisis Pregnancy Center; that the existing sewer and
easement must then be officially vacated by Council; and
the plan and profile of the new sewer alignment has been
preliminarily approved by the City Engineering
Department.
The Water Resources Committee recommended that
Council authorize vacation and relocation of a sanitary
sewer easement across property located at 3110 Williamson
Road, N. W., and acceptance and dedication of new
sanitary sewer easements across five adjacent properties,
upon certain terms and conditions, with the cost of
easements and moving the sewer line to be funded by the
Crisis Pregnancy Center.
(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:
(#31888) AN ORDINANCE authorizing vacation and
relocation of a sanitary sewer easement across property
located at 3110 Williamson Road, and the acceptance and
dedication of new sanitary sewer easements across five
adjacent properties, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 597.)
The motion was seconded byMr. Musser and adopted by
the following vote:
AYES: Council Members McCadden,
Edward~, Harvey and Mayor Bowers
NAYS: None
Musser, White,
(Council Member Bowles was absent.)
548
ACTION:
BUDGET-INDUSTRIES-WATER RESOURCES: Council Member
William White, Sr., Chairperson of a committee appointed
by the Mayor to tabulate bids received for construction
of a 500,000 gallon elevated storage water tank in the
Roanoke Centre for Industry and Technology, presented a
written report on behalf of the Committee, recommending
that Council take the following actions:
authorize the City Manager to enter into a
contract with Caldwell Tanks, Inc., in the
amount of $571,000.00, and 270 consecutive
calenda~r days for completion of the work;
appropriate $644,000.00 from Water Fund
Retained Earnings to an account entitled,
"R.C.I.T. Water Tank", as follows:
Contract Amount
Contingency
Utilities
Advertising
$571,000.00
57,000.00
15,000.00
.lt.000-00
Total $644,000.00
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:
(#31889-030794) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 583.)
Mr. White moved the adoption of Ordinance No. 31889-
030794. The motion was seconded by Mr. Harvey and
adopted by the following vote:
s .9 I
ACTION:
AYES: council Members McCadden,
Edwards, Harvey and Mayor Bowers
NAYS: None--
Musser, White,
(council Member Bowles was absent.)
Mr. White offered the following emergency ordinance:
ORDINANCE accepting the bid of
(%31890_030724) AN truction of a 5~0,0~0
.~,~...2~1 Tanks, Inc., for c~n~._ ~_ ~e Roanoke centre
~"~ - ....... ~ water tan~ ~,~
· o referred to as Contract I,
gallon elevateu
for Industry agd Tech~l gY ions, and award~n~
ertain terms ~nd. condit
~ra~t therefor; author~zing the p~e
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. 55,
page 584.)
Mr. White moved the adoption of ordinance No. 31890-
030794. The motion was seconded by Mr. Harvey and
adopted by the following vote:
White,
AYES: council Members McCadden, Musser, ...... 6.
Edwards, ~arvey and Mayor Bowers--
NAYS: None-
(council Member Bowles was absent.)
BUDGET-iNDUSTRIES-WATER RESOURCES: council Member
William White, Sr., chairperson of a committee appointed
by the Mayor to tabulate bids received for construction
of 2,843 feet of water main and an access road to the
proposed water tank in the Roanoke Centre for Industry
and Technology, presented a written report on behalf of
the committee, recommending that Council take the
following actions:
e City Manager to enter into a
authorize ~h ....... ~h j. p. Turner and
contractual agre~m~_ L~,n~ of $171,036.50,
C, ~n ~ ~-~
Brothers, In ' .... -~,dar days to complete
and 300 consecutive cux ..... ~
the work;
55O
ACTION=
authorize the Director of Finance to transfer
$129,999.00 from Water Plant Expansion Bonds
1992 to an account entitled, "R.C.I.T Water
Tank" and appropriate $60,001.00 from Water
Fund Retained Earnings, as follows:
Contract Amount
Contingency
Advertising
$171,036.50
17,963.50
ltO00.O0
Total $190,000.00
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:
(#31891-030794) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 585.)
Mr. White moved the adoption of Ordinance No. 31891-
030794. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadd6r~
Edwards, Harvey and Mayor Bowers
NAYS: None
Muss.r, White,
6.
®
(Council Member Bowles was absent.)
Mr. White offered the following emergency ordinance:
(~31892-030794) AN ORDINANCE accepting the bid of
J. P. Turner and Brothers, Incorporated, for construction
of the water main and access road to the water tank in
the Roanoke Centre for Industry and Technology referred
to as Contract II, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City
551
ACTION=
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. 55,
page 586.)
Mr. White moved the adoption of Ordinance No. 31892-
030794. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Edwards, Harvey and Mayor Bowers 6.
NAYS: None
(Council Member Bowles was absent.)
BUDGET-TRAFFIC-STATE HiGHWAYS-CONSULTANTS REPORTS-
WATER RESOURCES-STREETS AND ALLEYS: Council Member
William White, Sr., Chairperson of a committee appointed
by the Mayor to tabulate bids received for Carvins Cove
Filter Plant improvements, Phase II, Contract A-I,
installation of water lines from the Carvins Cove Filter
Plant to the Virginia Department of Transportation
Williamson Road Project near Hollins College, presented
a written report on behalf of the Committee, recommending
that Council authorize the City Manager to execute a unit
price contract with Aaron J. Conner, General Contractor,
Inc., for Phase II improvements, in the amount of
$1,254,475.00, with a project contingency of $125,447.50,
and appropriate $1,379,922.50 from Water Fund Retained
Earnings to a new account to be entitled, "Carvins Cove,
Phase II, Contract A-1.
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:
(#31893-030794) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 588.)
552
ACTION:
ACTION:
Mr. White moved the adoption of Ordinance No. 31893-
030794. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Edwards, Harvey and Mayor Bowers 6.
NAYS: None
0
(Council Member Bowles was absent.)
Mr. White offered the following emergency ordinance:
(#31894-030794) AN ORDINANCE accepting the bid of
Aaron J. Conner, General Contractor, Inc., for
construction of a portion of the waterline from Carvins
Cove Filter Plant to Crystal Springs Pump Station
referred to as Contract A-l, upon certain terms and
conditions, and awarding a ccntract 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. 55,
page 589.)
Mr. White moved the adoption of Ordinance No. 31894-
030794. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden,
Edwards, Harvey and Mayor Bowers
NAYS: None.
Musser, White,
6.
®
(Council Member Bowles was absent.)
BUDGET-TRAFFIC-STATE HIGHWAYS-CONSULTANTS REPORTS-
WATER RESOURCES-STREETS AND ALLEYS: Council Member
William White, Sr., Chairperson of a committee appointed
by the Mayor to tabulate bids received for Carvins Cove
Filter Plant Improvements, Phase II, Contract A-2,
installation of water lines from the Boxley Hills Pump
Station to the Virginia Department of Transportation
Williamson Road Project near Plantation Road, presented
a written report on behalf of the Committee, recommending
that Council take the following actions:
553
authorize the City Manager to execute a unit-
price contract with Laramore Construction Co.,
Inc., in the amount of $1,469,735.00, with a
project contingency of $146,973.50; and
transfer $1,616,708.50 from Account No. 002-
056-8366, Water Fund - Water Plant Expansion
Bonds '92, to a new account to be entitled,
"Carvins Cove, Phase II, Contract A-2.
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:
(#31895-030794) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 590.)
Mr. White moved the adoption of Ordinance No. 31895-
030794. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden,
Edwards, Harvey and Mayor Bowers
NAYS: None
Musser, White,
o
(Council Member Bowles was absent.)
Mr. White offered the following emergency ordinance:
(#31896-030794) AN ORDINANCE accepting the bid of
Laramore Construction Company, Incorporated, for
construction of a portion of the waterline from Carvins
Cove Filter Plant to Crystal Springs Pump Station
referred to as Contract A-2, 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. 55,
page 591.)
554
ACTION:
Mr. White moved the adoption of Ordinance No. 31896-
030794. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members McCadden,
Edwards, Harvey and Mayor Bowers
Musser, White,
6.
NAYS: None
(Council Member Bowles was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
PURCHASE/SALE OF PROPERTY-EASEMENTS-INSURANCE-FIRE
DEPARTMENT-CITY PROPERTY-SPECIALPERMITS-LANDMARKS/HIST.
PRESERVATION-WATER RESOURCES-AIR RIGHTS: Ordinance No.
31874 authorizing execution of certain documents
exchanging a City-owned five foot wide strip of property,
formerly the southerly one-half of an alley, along the
rear of property commonly known as 118, 120 and 122
Campbell Avenue, S. W., for Trinkle-owned property
described as a 6.5 foot by 25.0 foot area upon which a
portion of a two story addition on the rear of 124
Campbell Avenue, S. W., encroaches, upon certain terms
and conditions as set forth in a report of the Water
Resources Committee under date of February 28, 1994; and
further authorizing an air rights agreement permitting
existing fire escapes at the rear of the buildings at
118-122 Campbell Avenue to remain in place over the 5.0
foot wide strip to be conveyed to Mr. Trinkle, upon
certain terms and conditions, as more particularly set
forth in a report of the Water Resources Committee under
date of August 23, 1993 and February 28, 1994, having
previously been before the Council for its first reading
on Monday, February 28, 1994, read and adopted on its
first reading and laid over, was again before the body,
Mr. Harvey offering the following for its second reading
and final adoption:
(%31874-030794) AN ORDINANCE authorizing execution
of certain documents relating to the exchange of certain
property between the City and James L. Trinkle, subject
to various terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 576.)
555
I!
ACTION:
ACTION:
ACTION:
Mr. Harvey moved the adoption of Ordinance No.
31874-030794. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Edwards, Harvey and Mayor Bowers ..... 6.
NAYSt None,
(Council Member Bowles was absent.)
ACTS OF ACKNOWLEDGEMENT-SCHOOLS-DECEASED PERSONS:
Mr. Musser offered the following resolution memorializing
the late Donald Bartol, a former and teacher and
principal in the Roanoke City School system and a former
member of the Roanoke City School Board:
(~31897-030794) A RESOLUTION memorializing the late
Donald Bartol.
(For full text of Resolution, see Resolution Book No. 55,
page 592.)
Mr. Musser moved the adoption of Resolution No.
31897-030794. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Edwards, Harvey and Mayor Bowers .... 6.
NAYS: None- 0.
(Council Member Bowles was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS: Mr.
Edwards moved that the City Attorney be requested to
prepare the proper measures memorializing Robert M.
McLelland and John W. Hancock, Jr. The motion was
seconded by Mr. Musser and adopted.
OTHER HEARINGS OF CITIZENS:
556
CONSULTANTS REPORTS-REGIONAL CHAMBER OF COMMERCE-
CHURCHES-TOTAL ACTION AGAINST POVERTY-NEIGHBORHOOD
ORGANIZATIONS-ROANOKE NEIGHBORHOOD PARTNERSHIPS-STREETS-
HUMAN RESOURCES-DRUGS/SUBSTANCE ABUSE-POLICE DEPARTMENT-
FIRE DEPARTMENT-TAXES-ENTERPRISE ZONE-ECONOMIC
DEVELOPMENT-HOUSING/ AUTHORITY-PLANNING: The Reverend
Charles T. Green, 1731 Hanover Avenue, N. W., appeared
before Council in connection with the Urban Empowerment
Zone and Enterprise Communities Program. He called
attention to the year 1947 when the Roanoke Redevelopment
and Housing Authority was established as an agency
designed to clean up blight, particularly in the black
neighborhoods, and citizens were assured that affordable
housing would be constructed for those persons who were
displaced; however, that promise was not honored across
the United States and particularly in the City of Roanoke
as related to the Commonwealth, Kimball and Gainsboro
areas. He asked if history is repeating itself through
the Urban Empowerment and Enterprise Communities Program,
advising that the Program is proposed for black
neighborhoods in which the possibility exists that houses
could be torn down in order to make way for commercial
businesses, which not providing affordable housing in
which to relocate middle-class citizens as promised.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
appeared before Council on behalf of residents and
supporters of the Historic Gainsboro Preservation
District Coalition and requested that the names of
participants and organizations who were involved in the
Urban Empowerment Zone and Enterprise Communities Program
be made public. She further requested that the procedure
used to select or appoint such individuals also be
disclosed, as well as the criteria that was used to
select those persons who represented the six City
neighborhoods at a program that was sponsored by the
Department of Housing and Urban Development in Atlanta,
Georgia.
The Mayor requested that the remarks of Ms. Bethel
be referred to the City Manager for appropriate response.
At 4:00 p.m., the Mayor declared the meeting in
recess.
At 4:15 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Member Bowles.
557
ii
ACTION:
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Edwards moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members McCadden, Musser, White,
Edwards, Harvey and Mayor Bowers --6.
NAYS: None 0.
(Council Member Bowles was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION:
The Mayor advised that there is a vacancy on the Roanoke
Arts Commission, created by the resignation of
Elizabeth T. Bowles, for a term ending June 30, 1995, and
called for nominations to fill the vacancy.
Mr. Edwards placed in nomination the name of
David Hill.
There being no further nominations, Mr. Hill was
elected as a member of the Roanoke Arts Commission, to
fill the unexpired term of Elizabeth T. Bowles ending
June 30, 1995, by the following vote:
ACTION:
FOR MR. HILL: Council Members McCadden, Musser,
White, Edwards, Harvey and Mayor Bowers 6.
(Council Member Bowles was absent.)
There being no further business, the Mayor declared the
meeting adjourned at 4:20 p.m.
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
558
REGULAR WEEKLY SESSION ......
ROANOKE CITY COUNCIL
March 14, 1994
7:30 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, March 14,
1994, at 7:30 p.m., the regular meeting hour, with Mayor David A.
Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Howard E. Musser, Elizabeth
Bowles, John S. Edwards, James G. Harvey, II, Delvis O. McCadden
and Mayor David A. Bowers- 6.
ABSENT: Council Member William White, Sr.-
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; J~mes D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Girl Scout Cadet Troop 70, Virginia Skyline
Girl Scout Council.
SISTER CITIES-ACTS OF ACKNOWLEDGEMENT: The Mayor
welcomed and presented an Honorary Citizenship
Certificate to Ms. Rita Levit, a teacher from Kiev,
Ukraine, who was visiting the United States as a
participant in an organization known as "Hands Across the
Water".
The Mayor also welcomed and presented Honorary
Citizenship Certificates to the following doctors from
Pskov, Russia, one of Roanoke's Sister Cities:
Sergei Belyarsky
Tatyana Pavlova
Valentina Korolyova
In addition, the Mayor welcomed and presented
Honorary Citizenship Certificates to the following
governmental officials from Pizen, Czechoslovakia, who
were accompanied by former Roanoke City Manager H. B.
Ewert:
559
tl
ACTION=
ACTION=
Pavel Prucha - Manager
Milan Rulbar - Deputy Mayor for Finance
Jana Hogelova - Director of the Economic Office
Jirl Vacek - Assistant to Mr. Ewert
BID OPENINGS
WATER RESOURCES-AIR RIGHTS: Pursuant to notice of
advertisement for bids for lease of air rights located
over a portion of Jefferson Street in the City of
Roanoke, said bids to be roceived by the City Clerk until
1:30 p.m., on Monday, March 14, 1994, and to be held,
opened and read before the Council at 7:30 p.m., on that
date, or as soon thereafter as the matter may be heard,
the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present
raising any question, the Mayor instructed the City Clerk
to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the one bid received from
Roanoke City Mills, Inc., in the amount of $750.00 for a
one-time rental payment, for a term of 60 years,
commencing April 8, 1994, and ending April 7, 2054.
(For full text, see bid on file in the City Clerk's
Office.)
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. Musser and adopted.
The Mayor appointed William White, Sr., Chairperson,
George C. Snead, Jr., and William F. Clark as members of
the committee.
PUBLIC HEARINGS
WATER RESOURCES-AIR RIGHTS: The City Clerk having
advertised a public hearing for Monday, March 14, 1994,
at 7:30 p.m., or as soon thereafter as the matter may be
heard, to consider a proposed ordinance authorizing a
lease between the City of Roanoke and the successful
bidder of certain airspace over Jefferson Street in the
City, for a term of 60 years, the matter was before the
body.
560
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Sunday,
February 20, 1994, Sunday, February 27, 1994, Sunday,
March 6, 1994, and Sunday, March 13, 1994.
(See publisher's affidavit on file in the City Clerk's
Office.)
The Mayor inquired if there were persons in
attendance who would like to be heard in connection with
the matter. There being none, he declared the public
hearing closed.
The City Attorney called attention an to ordinance
that was prepared in draft form, copy of which was
previously forwarded to Council, and advised that the
ordinance would be presented to Council for appropriate
action at the regular meeting on Monday, March 21, 1994.
ZONING-NORFOLK SOUTHERN CORPORATION: 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 14, 1994, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the
request of Michael and Frances Bartkiewicz that a tract
of land located on the south side of Norfolk and Western
Railway tracks and a private road, approximately 2,200
feet east of Berkley Road, N. E., identified as Official
Tax No. 7030102, be rezoned from LM, Light Manufacturing
District, to RA Residential Agricultural District, the
matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Friday,
February 25, 1994, and Friday, March 4, 1994.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to
provide for the construction of a single family residence
and to maintain livestock on the subject property, was
before Council.
The Planning Commission recommended that Council
approve the request, advising that the rezoning would be
a logical extension of the adjoining RA, Residential
Agricultural District, located to the south of the
property and the location and physical constraints of tbe
site are more conducive for agricultural development as
56i
ACTION
an appropriate land use to protect the rural character
and environmental quality of the area than for industrial
type development purposes.
(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:
(#31898) AN ORDINANCE to amend Section 36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
703, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 54,
page 1.)
The motion was seconded by Mr. Musser.
The Mayor inquired if there were persons in
attendance who would like to address Council with regard
to the request for rezoning. There being none, Ordinance
No. 31898 was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser,
Harvey and McCadden
NAYS: Mayor Bowers
Bowles, Edwards,
(Council Member White was absent.)
BUSES-STATE HIGHWAYS-PLANNING-VIRGINIA
TRANSPORTATION MUSEUM-CAMPBELL COURT PARKING GARAGE: The
City Clerk having advertised a public hearing for Monday,
March 14, 1994, at 7:30 p.m., or as soon thereafter as
the matter may be heard, to consider previously received
applications for Federal funds available through the
Intermodal Surface Transportation Efficiency Act (ISTEA)
to be used for transportation enhancement projects in
fiscal year 1994-95, the matter was before Council.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News and the
Roanoke Tribune on Thursday, March 3, 1994.
(See publisher's affidavit on file in the City Clerk's
Office.)
562
The City Manager submitted a written report advising
that the Intermodal Surface Transportation Efficiency Act
(ISTEA) was signed into Federal law in December 1991,
providing new transportation legislation that places the
power of decision making with State and local
governments; that a report of the City Planning
Commission under date of March 14, 1994, explains the
ISTEA program and process in detail; and the report of
the Planning Commission endorses two project applications
which were approved at its March 2, 1994, meeting, with
regard to rehabilitation of Historic Campbell Court
Transportation Center and renovations and improvements to
the Virginia Museum of Transportation.
It was further advised that resolutions adopted by
Council that would endorse both of the abovereferenced
project applications also require, according to the
Virginia Department of Transportation (VDOT), that the
City agree to pay 20 per cent of the total cost for
planning and design, right-of-way, and construction of
each project, and if the City subsequently elects to
cancel any project, the City agrees to retmburse VDOT for
the total amount of costs expended by VDOT through the
date of cancellation; that applications are for projects
for which the City is not the applicant; that in the
event VDOT approves the application, it would be
necessary for the City to secure the 20 per cent cost
from the applicants; and the applications indicate that
applicants will provide local funds.
The City Manager recommended that Council endorse,
by separate measures, both of the project applications
which are summarized as follows:
Rehabilitation of Historic Campbell Court Transportation
Center: The City of Roanoke donated to Greater Roanoke
Transit Company a nineteenth century building to be used
as a downtown transfer and information center for the
transit company. Restoration was completed in 1987. The
building boasts two original facades from the late
1800's, with the remainder of the exterior restored to
match the original appearance of the building. The total
of $175,000.00 of Federal enhancement funds requested
would be matched by $75,000.00 in GRTC funds and be used
to perform repair work on interior floors and ceilings,
to paint interior areas, and repair roof leaks. The
funds would enable GRTC to maintain the facility in a
manner appropriate for the continued safety and comfort
of transit passengers and efficient performance of
transit service.
563
ACTION~
Renovations and Improvements to the Virginia Museum of
Transportation: The Virginia Museum of Transportation,
Inc., the official transportation museum of the
Commonwealth of Virginia, wishes to secure $228,000.00 in
Federal enhancement funds, matched by $57,000.00 in local
funds, to renovate the existing front facade and
construct entryway and signage improvements which enhance
the facility's identity and visibility, and invigorate
and humanize the pedestrian experience with a new
pedestrian plaza. The projects seek to achieve these
ends through a celebration of both the historic structure
which houses the Museum and the multi-modal nature of the
Museum's collection.
The City Manager further recommended that the City
agree to pay 20 per cent of total project costs and if
the City elects to cancel either of the projects, the
City will reimburse VDOT for the total amount of costs
associated with any work completed on the project through
the date of cancellation notice; and the City will enter
into a legally binding agreement with any applicant whose
application is approved by VDOT requiring that the
applicant be responsible for the 20 per cent matching
funds.
(For full text, see report on file in the City Clerk's
Office.)
A report of the City Planning Commission endorsing
the two abovedescribed projects, was before Council.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following resolution:
(#31899-031494) A RESOLUTION requesting the
Commonwealth Transportation Board to establish a project
for rehabilitation of the Historic Campbell Court
Transportation Center, and authorizing the City Manager
to enter into an agreement with any applicant whose
applicant is approved by the Virginia Department of
Transportation requiring that applicant to be responsible
for the 20 per cent matching funds.
(For full text of Resolution, see Resolution Book No. 55,
page 598.)
Mr. Musser moved the adoption of Resolution No.
31899-031494. The motion was seconded by Mr. Edwards.
564
The Mayor inquired if there were persons in
attendance who would like to address Council with regard
to the matter; whereupon, Kay F. Houck, Executive
Director, Virginia Museum of Transportation, appeared
before Council and advised that the exterior of the
Virginia Museum of Transportation does not tell what the
Transportation Museum holds for the City of Roanoke;
therefore, the Board of Directors engaged the services of
Hayes, Seay, Mattern & Mattern, Inc., to develop a site
plan for the entire facility. She stated that professors
and students from Virginia Polytechnic Institute and
State University, College of Architecture and Urban
Design, Hayes, Seay, Mattern & Mattern, and the Board of
Directors of the Transportation Museum recommended an
exciting plan for the Museum's future, and advised that
the Transportation Museum is requesting ISTEA funds for
one phase of the plan involves renovation and
construction improvements to the existing front facade of
the building. She introduced Michael Brennan, Architect,
representing the firm of Hayes, Seay, Mattern & Mattern,
to present proposed renderings.
Mr. Brennan advised that a plan for the Virginia
Museum of Transportation was formulated at a series of
design workshops, the purpose of which was to enhance the
visibility and identity of the Museum and to celebrate
its mission. He explained that the building is located
on Norfolk Avenue at a nondescript, mono-chromatic
horizontal bend at the base of Third Street, S. W., and
there is some difficulty in identifying the front door
which does not present an inviting entry as presently
located. He stated that it was suggested that the entry
be located so as to be on a visual access with Third
Street, and in order to increase the identity of the
building and its entry, it is suggested that a locomotive
be located at an angle to the building which will give
the appearance of actually penetrating the building and
will create an indelible image and identity. He called
attention to another element of the design which is
development of a pedestrian plaza on a portion of Norfolk
Avenue that is scheduled to be closed when the Second
Street Bridge is constructed which is proposed to be
brick paved with landscaping along that section of the
building. He added that the plaza area will include
railway artifacts and is intended to be an important link
to the linear park which is presently In the design
phase. He called attention to plans to upgrade the
exterior of the Transportation Museum by adding color
vitality to the facade; the addition of two neon signs,
one above the main entry in visual access with Third
Street and one along Second Street to provide visibility
565
II
ACTION:
to elevated traffic coming in and out of downtown Roanoke
on the Second Street Bridge.
No other person wishing to address the matter,
Resolution No. 31899-031494 was adopted by the following
vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
NAYS: None
Bowles, Edwards,
6.
e
(Council Member White was absent.)
Mr. Musser offered the following resolution:
(#31900-031494) A RESOLUTION requesting the
Commonwealth Transportation Board to establish a project
for the renovation of existing front facade and
construction of entryway and signage improvements at the
Virginia Museum of Transportation, Inc., and authorizing
the City Manager to enter into an agreement with any
applicant whose application is approved by the Virginia
Department of Transportation requiring that applicant to
be responsible for the 20 per cent matching funds.
(For full text of Resolution, see Resolution Book No. 55,
page 600.)
Mr. Musser moved the adoption of Resolution No.
31900-031494. The motion was seconded byMr. Edwards and
adopted by the following vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
NAYS: None'
Bowles, Edwards,
6.
(Council Member White 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 an Executive
Session to discuss vacancies on various authorities~
566
ACTION:
ACTION:
boards, commissions and committees appointed by Council
and to discuss a matter with regard to actual litigation,
being a suit filed by the City to collect a debt.
COUNCIL: A communication from Mayor David A. Bowers
requesting that Council meet in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Edwards and adopted by the following vote:
AYES: Council Members Musser, Bowles, Edwards,
Harvey, McCadden and Mayor Bowers--- 6.
NAYS: None O.
(Council Member White was absent.)
POLICE DEPARTMENT-TRAFFIC-FLEET MAINTENANCE FUND-
ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from
Council Member William White, Sr., transmitting a
newspaper article from the Tampa Tribune, dated
February 21, 1994, with regard to the parking of police
cruisers by off-duty police officers at their residences
and in their neighborhoods in St. Petersburg, Florida,
was before Council.
Mr. White advised that the very presence of a police
car on the street is a deterrent to traffic violations
and criminal activity; and this may be a good idea for
police officers who live in the City of Roanoke, and it
is a matter worthy of further consideration.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the matter be referred to the
City Manager for report and recommendation to Council.
The motion was seconded byMr. Edwards and adopted by the
following vote:
567
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
NAYS: None
Bowles, Edwards,
6.
{Council Member White was absent.)
ELECTIONS: A communication from Alton B. Prillaman,
Secretary, Roanoke City Electoral Board, transmitting an
Abstract of Votes cast in the General Election held in
the City of Roanoke on Tuesday, March 1, 1994, was before
Council.
"ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the March 1, 1994 Primary Election, for
City Council (4 yrs. term).
~otal Votes
Names of Candidates
C. Nelson Harris
William "Bill" White, Sr.
James O. Trout
John S. Edwards
Received
(In Figures)
2,099
2,521
1,601
2,900
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit Court of the election held on March 1, 1994, do
hereby certify that the above is a true and correct
Abstract of Votes cast at said election and do,
therefore, determine and declare that the following
person(s) have received the greatest number of votes cast
for the above office in said election:
John S. Edwards
William "Bill" White, Sr.
C. Nelson Harris
Given under our hands this 3rd day of March, 1994.
A copy teste: Gilbert E. Butler, Jr., Chairman
Charles T. Green, Vice Chairman
Alton B. Prillaman, Secretary
Alton B. Prillaman, Secretary, Electoral Board
568
Abstract Continuation Sheet
City Council (4 yrs. term)
Office Title
City of Roanoke
March Ir 1994
Election Date
Primary Election
Page 2 of 2
Names of Candidates
No Write-Ins"
Total Votes
Received
(In Figures)
"ABSTRACT OF VOTES cast in the City of Roanoke, Vir-inia,
at the March 1, 1994 Primary Election, for:
~lty Council (2 yrs. unexpired term).
Names of Candidates
Total Votes
Received
(In Figures)
James G. "Jimmy" Harvey, II
Linda F. Wyatt
1,822
1,928
We, the undersigned Electoral Board, upon examination of
the official records deposited with the Clerk of the
Circuit Court of the election held on March 1, 1994, do
hereby certify that the above is a true and correct
Abstract of Vote3 cast at said election and do,
therefore, determine and declare that the following
person(s) have received the greatest number of votes cast
for the above office in said election:
Linda F. Wyatt
Given under our hands this 3rd day of March, 1994.
A copy teste:
Gilbert E. Butler, Jr., Chairman
Charles T. Green, Vice Chairman
Alton B. Prillaman, Secretary
[SEAL]
Alton B. Prlllaman, Secretary, Electoral Board
569
Abstract Continuation Sheet
~ity Council (2 yrs. unexpired term)
Office Title
City of Roanoke
March It 1994
Election Date
Primary Election
Page 2 of 2
ACTION:
ACTION:
Names of Candidates
Total Votes
Received
(In Figures)
No Write-Ins"
(See Abstract of Votes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report and Abstract of
Votes be received and filed. The motion was seconded by
Mr. Edwards and adopted by the following vote:
AYES: Council Members Musser, Bowles, Edwards,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member White was absent.)
COUNCIL: A report of the City Attorney requesting
that Council meet in Executive Session to discuss a
matter with regard to actual litigation, being a suit
filed by the City to collect a debt, 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 Attorney to convene in Executive Session to
discuss a matter with regard to actual litigation, being
a suit filed by the City to collect a debt, pursuant to
Section 2.1-344 (A)(7), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Edwards and
adopted by the following vote:
570
ACTION=
AYES: Council Members Musser, Bowles, Edwards,
Harvey, McCadden and Mayor Bowers .... 6.
NAYS: None 0.
(Council Member White was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
BUDGET-CITY GOVERNMENT-MUNICIPAL BUILDING-SISTER
CITIES: Dr. Robert F. Roth, President, Roanoke Sister
Cities, appeared before Council and advised that Roanoke
Sister Cities represents a membership of over 200 with
three independently active committees under an umbrella
board (WonJu, Korea -- Pskov, Russia -- Kisumu, Kenya);
that the Committee is presently considering possible
Sister City relationships with cities in Brazil and
China; and the Committee is aggressively seeking, in
cooperation with the Roanoke Valley Convention and
Visitors Bureau, the 1996 Annual Meeting (40th
Anniversary) of Sister Cities International to be held in
Roanoke.
On behalf of the Roanoke Sister Cities Committee,
Dr. Roth requested a formal relationship with Roanoke
City government, including dedicated office space in the
Municipal Building, to facilitate and coordinate
international development with all agencies and offices;
appointment of a liaison representative to carry out
these activities; and an annual stipend for the liaison
representative.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that the matter be referred to the
City Manager for study, report and recommendation to
Council. The motion was seconded by Mr. Edwards and
adopted.
The City Manager was further requested to contact
Roanoke County and the City of Salem to determine their
interest in participating in funding for a regional
liaison Sister Cities representative.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
571
CITY ~ANAGER:
BRIEFINGS:
CITY EMPLOYEES-AFFIRmATIVE ACTION: At the request
of the City Manager, K~nneth C. Cronin, Personnel
Manager, appeared before Council and presented a briefing
with regard to the City of Roanoke's Affirmative Action
Program, advising that the Affirmative Action Plan
provides for an annual briefing to Council on the status
of equal employment.
The Personnel Manager advised that City departments
participated in the following EEO/Affirmative actions
during fiscal year 1992-93:
Public Safety recruitment visits were made by
the Police Department and Department of
Personnel Management and as a result, ten
police officers were hired.
The Americans With Disabilities Act Compliance
Committee has completed the required
transition plan.
The Fire Cadet Program was initiated in
conjunction with the Roanoke City School Board
Business and Education Council, with the
intent to introduce young men and women to
fire service as a career choice. Currently,
one white female, four minority males and six
non-minority males are enrolled in the
program.
Police Department Accreditation developed
changes in the recruitment, testing and
selection process to ensure compliance with
accreditation standards.
Improved public safety recruitment networking
was established with public safety recruiters
representing various localities, which helps
each locality share ideas and provides leads
for potential job applicants.
Personnel Management Internship Program
provided a total of ten minority and non-
minority internships for rising and graduating
seniors attending various institutions, which
resulted in a number of minorities who have
been hired for full-time regular positions.
572
Summer Jobs Program hired high school and
college students as a result of the Youth
Summit, which Jobs focused on providing City
youth with an opportunity to develop
appropriate skills to prepare for future
employment.
Participated in college Job fairs.
Sponsored the Annual Ministerial Luncheon for
minority clergy, which provided an opportunity
for City officials and minority cl-v~- to
discuss Issue& u£ mutual i,,terest.
City staff has continued to participate in the
quarterly meeting of the Mayor's Committee for
Persons with Dlsabilitien.
Participated in community relations
discussions at local minority churches as a
part of the Ministerial Alliance Breakfast
Program.
Conducted on-site testing for public safety at
several colleges and universities.
Participated in local Job fairs.
Conducted seminars for high school students at
the CITY School to enhance the knowledge of
students in connection with Equal Employment
Opportunity, Affirmative Action, proper Job
application and interviewing techniques.
City staff attended training sponsored by the
National Urban League and the National
Association of Public Sector EEO/AA Officers,
which provided new insight into understanding
minority issues and improving recruitment and
selection techniques.
Mr. Cronin advised that City work force analysis
indicates that the percentage of minorityworkers to the
total composition has increased .2 per cent; that further
analysis indicates that in most job categories, using
1990 census data, the City of Roanoke continues to
maintain a total work force composition for non-white
minorities equal to or higher than the per cent of
available work force in the Roanoke Metropolitan
Statistical area; that fiscal year 1992-93 hiring
analysis of the City's full time work force in all EEO
573
categories indicates that 30 per cent of new hires were
non-white minorities and 43.1 per cent were females; and
promotions during fiscal year 1992-93 included 16 per
cent minorities and 30.5 per cent females.
The Personnel Manager noted that future initiatives
by the City will include restructuring the firefighters
physical fitness test, continued emphasis on minority
recruitment and employment for middle and upper
management positions, and coiitinuation of training
opportunities such as Foundations for Leadership
Excellence in order to provide minorities with an
opportunity to prepare for increased responsibilities.
(See report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that
the briefing would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HUMAN DEVELOPMENT-TAXES-HOUSING/AUTHORITY-
PLANNING-GRANTS-ENTERPRISE ZONE-MINORITY/WOMEN OWNED
BUSINESSES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City
Manager submitted a written report advising that an Urban
Empowerment Zone and Enterprise Communities Program was
announced in January 1994, which is the central element
of the Federal government's community revitalization
agenda; and the central element of the Program is
embodied in the following four key principles:
economic opportunity, including Job creation
within the community and throughout the
region, as well as entrepreneurial
initiatives, small business expansion and
training for Jobs that offer upward mobility;
substantial community development to address
the creation of livable and vibrant
communities through comprehensive approaches
that coordinate economic, physical, community
and human development;
community-based partnerships involving the
participation of all segments of the
community, including political and
governmental leadership, community groups,
health and social service groups,
environmental groups, religious organizations,
profit and non-profit sectors, centers of
learning and other community institutions; and
574
strategic vision for change wh.ch identifies
what the community will become and a strategic
map for revitalization, with the vision to
build on assets and coordinate a response to
community needs in a comprehensive fashion and
also set goals and performance benchmarks for
measuring progress and establishing a
framework for evaluating and adjusting the
revitalization plan.
It was further advised that those communities
selected for Enterprise Communities designation will
receive the following benefits:
approximately $3 million in Empowerment Zone/
Enterprise Community Social Service Block
Grant funds (passed through the State) to
assist in implementation of approved
activities identified in the community's
strategic plan;
eligibility for new Tax Exempt Facility Bonds
intended to serve as a tax incentive to
finance purchases of business property and
land within the nominated area;
special consideration in competition for
funding under numerous Federal programs, and
in many cases, special points, set-asides, or
other opportunities for special consideration
will be provided to designated communities;
and
special attention from the Federal government
on working cooperatively to overcome
regulatory tmpediments, to permit flexible use
of existing Federal funds and to meet
essential mandates.
The City Manager explained that the application
requires a strategic plan that includes: (1) an overall
vision for revitalization of the designated area; (2)
identifies how critical concerns will be addressed in a
coordinated fashion; (3) describes how governmental and
private resources will be used to support the plan; and
(4) describes how the plan will be implemented and
evaluated; that areas nominated for designation as an
Enterprise Community must meet certain poverty and
distress criteria; that areas within the City which are
eligible for nomination include all or portions of the
Gainsboro, Gilmer, Loudon-Melrose, Melrose Rugby, Hurt
575
Park, Old Southwest and Southeast neighborhoods; and the
City Administration has prepared for competition in a
number of ways, including sending teams of staff and
citizens to attend workshops in Washington and Atlanta.
It was further explained that the Strategic Plan and
application must be submitted to the U. S. Department of
Housing and Urban Development (HUD) prior to June 30,
1994; that inasmuch as the Commonwealth of Virginia must
endorse the City's application, Council must approve and
submit application to State offices prior to June 15,
1994; that the planning process used to prepare the
strategic plan must be citizen driven and involve the
participation of community residents, neighborhood groups
and organizations, businesses, non-profit organizations,
and local and state governmental entities; that outside
professional assistance will be needed to coordinate
citizen participation efforts and to assist with
preparation of the required strategic plan in the
indicated time frame; that it is estimated that the cost
for professional services will not exceed $50,000.00,
with funding available in Account No. 035-092-9230-5135,
Hotel Roanoke 108 Interest; and the Department of Housing
and Urban Development has indicated that beginning as
early as next year, all entitlement communities may be
required to prepare similar comprehensive community
development strategies.
The City Manager recommended that he be authorized
to submit a Notice of Intent to Participate in the Urban
Empowerment Zone and Enterprise Communities Program with
the U. S. Department of Housing and Urban Development and
to negotiate an agreement with, and recommend to Council,
a professional service firm to coordinate a citizen
participation process and to assist with development of
the required strategic plan; and that Council authorize
transfer of $50,000.00 from Account No. 035-092-9230-5135
to a Community Development Block Grant account to be
established by the Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Edwards offered the following emergency budget
ordinance:
576
ACTION=
ACTION=
(#31901-031494) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 601.)
Mr. Edwards moved the adoption of Ordinance No.
31901-031494. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Musser, Bowles, Edwards,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None -0.
(Council Member White was absent.)
Mr. Edwards offered the following resolution:
(#31902-031494) A RESOLUTION authorizing the City
Manager to execute and submit a Notice of Intent to
Participate in the Urban Empowerment Zone and Enterprise
Communities Program with the U. S. Department of Housing
and Urban Development (HUD), and to negotiate an
agreement with, and recommend to Council, a professional
service firm to coordinate a citizen participation
process and assist with the development of a required
strategic plan.
(For full text of Resolution, see Resolution Book No. 55,
page 602.)
Mr. Edwards moved the adoption of Resolution No.
31902-031494. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Musser, Bowles, Edwards,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None- 0.
(Council Member White was absent.)
HEALTH DEPARTMENT-MISCELLANEOUS-CITY CODE-~SSAGE
THERAPISTS: The City Manager submitted a written report
with regard to the addition of certain therapists to
Health Care Personnel Exempted under Article V of
Chapter 21, Code of the City of Roanoke (1979), as
amended, advising that the City's massage regulations
577
ACTION:
currently exempt hospital, nursing homes, medical
officers, physicians, surgeons, physical therapists,
chiropractors, osteopaths, the YMCA and the YWCA; that
most similar regulations exempt qualified therapists who
have completed intensive training courses at institutions
certified by appropriate professional organizations,
however, the Roanoke City's ordinance does not include
such exemption; and permitting qualified therapists who
meet recognized standards to perform services would
fulfill a recognized need.
The City Manager recommended that Council amend
Article V of Chapter 21 of the Code of the City of
Roanoke (1979), as amended, to exempt a massage
therapist, 18 years of age or older, who has graduated
from a recognized institution of massage therapy
providing a minimum of 500 in-class hours of training in
massage therapy in a curriculum approved by or
substantially similar to a curriculum approved by the
American Massage Therapy Association, Inc.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency
ordinance:
(#31903-031494) AN ORDINANCE amending and
reordaining Section 21-135, Definition~, and subsection
(c) of Section 21-144, Massaqe by person of opposite sex,
Code of the City of Roanoke (1979), as amended, to exemwt
certain therapists from the regulations relating to
massage; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 603.)
Mr. Musser moved the adoption of Ordinance No.
31903-031494. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, Bowles, Edwards,
Harvey, McCadden and Mayor Bowers ....... 6.
NAYS: None- 0.
(Council Member White was absent.)
578
BUDGET-POLICE DEPARTMENT-BUILDINGS/BUILDING
DEPARTMENT-BUDGET-PARKS AND RECREATION-REFUSE COLLECTION-
PUBLIC WO~KS-CMERP-YOUTH CORRECTIONAL FACILITIES-FLEET
MAINTENANCE FUND-EQUIPMENT: The City Manager submitted
a written report advising that Capital Maintenance and
Equipment Replacement needs have been identified for
various City depart~ents and recommending that Council
accept the lowest responsible bids for vehicular
equipment, as follows:
one new one ton pick-up truck and one new 1/2
ton pick-up truck from Freedom Ford, at a
total cost of $27,781.39;
two new eight passenger window vans from
Farrell Ford, at a total cost of $29,933.30;
one new 3/4 ton cargo van from R.
Chevrolet, at a total cost of $12,342.40;
Ko
five new compact sedan automobiles from Magic
City Motor Corporation, at a total cost of
$48,701.00; and
one new mid-size station wagon and one new
four-wheel drive utility vehicle from Berglund
Chevrolet, Inc., at a total cost of
$31,819.82.
It was further recommended that Council appropriate
$150,578.00, as follows, and reject all other bids
received by the City:
$13,262.00 from Capital Maintenance and
Equipment Replacement Program to Fleet
Management, Account No. 017-052-2641-9010; and
$137,316.00 from Fleet Management Prior Year
Retained Earnings Account to Fleet Management,
Account No. 017-052-2641-9010.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
ordinance:
579
ACTION:
ACTION:
(#31904-031494) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General and Fleet
Management Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 605.)
Mr. Harvey moved the adoption of Ordinance No.
31904-031494. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser,
Harvey and McCadden --
NAYS: None
Bowles, Edwards,
(Mayor Bowers abstained from voting.)
White was absent.)
(Council Member
Mr. Harvey offered the following resolution:
(~31905-031494) A RESOLUTION accepting the bids for
the purchase of vehicular equipment, upon certain terms
and conditions; and rejecting all other bids made for
such items.
(For full text of Resolution, see Resolution Book No. 55,
page 607.)
Mr. Harvey moved the adoption of Resolution No.
31905-031494. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, Bowles, Edwards,
Harvey and McCadden .... 5.
NAYS: None
(Mayor Bowers abstained from voting.)
White was absent.)
(Council Member
BUDGET-ENTERPRISE ZONE-FIFTH PLANNING DISTRICT
COMMISSION-ECONOMIC DEVELOPMENT-INDUSTRIES-DOWNTOWN
ROANOKE, INCORPORATED: The City Manager submitted a
written report advising that the City of Roanoke
announced on March 3, 1993, its intent to establish a new
Training Incentive Policy for companies creating or
relocating a minimum of 200 new Jobs within an 18 month
period in the City's Enterprise Zone; that pursuant to
the training incentive policy, the City will provide
580
$2,000.00 per employee to the Fifth District Employment
and Training Consortium for eligible training expenses
for companies that meet job creation or relocation
requirements; that total incentives are not to exceed
$500,000.00 per applicant over an 18 month period, with
total incentives to be dependent upon availability of
funds; and the City will make its best effort to refill
the training fund for additional new positions for
qualifying businesses.
It was further advised that Jobs must be retained in
the Enterprise Zone for at least five years or the
company must reimburse the funds at a rate of $400.00 per
Job, per year, for each job not retained for which
training funds were received; and First Union National
Bank of Virginia announced, in conjunction with the
City's March 3, 1993 announcement, its intention to
create 200 nu~ Jobs in the Enterprise Zone, as well as to
relocate 100 additional Jobs in the City to the downtown
area.
The City Manager recommended that Council approve
the following actions:
establish a policy and approve funding to
provide up to $2,000.00 per employee through
the Fifth District Employment and Training
Consortium for eligible training expenses for
companies meeting specified Job creation or
relocation requirements, with total training
expenses not to exceed $500,000.00 per
applicant over an 18 month period, with total
incentives dependent upon availability of
funds; that the City will make every effort to
replenish the funds for additional new
positions at qualifying businesses and shall
donate funds to the Fifth District Employment
and Training Consortium for administration of
eligible funds;
appropriate $500,000.00 from Economic
Development funds to an account to be
established by the Director of Finance in the
Capital Project Fund;
establish a Training Incentive Program in the
Enterprise Zone for companies creating a
minimum of 200 new Jobs in the Enterprise Zone
over an 18 month period; that Jobs must be
retained in the Enterprise Zone for at least
five years, or the company must reimburse the
581
ACTION:
ACTION:
funds at a rate of $400.00 per Job, per year,
for each Job not retained for which training
funds were received; and in addition, the
company must agree to increase square footage
occupancy in the Zone by an amount to be
approved by the City Manager; and
authorize the City Manager to execute an
agreement with the Fifth District Employment
and Training Consortium and First Union
National Bank of Virginia to provide for
training expenses of a minimum of 200 new
employees in the Enterprise Zone beginning
April 1, 1993.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
ordinance:
(#31906-031494) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 608.)
Mr. Musser moved the adoption of Ordinance No.
31906-031494. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, Bowles, Edwards,
Harvey, KcCadden and Mayor Bowers 6.
NAYS: None ........ 0.
(Council Member White was absent.)
Mr. Musser offered the following resolution:
(#31907-031494) A RESOLUTION endorsing a training
incentive fund policy for companies creating or
relocating new Jobs in the City's Enterprise Zone.
(For full text of Resolution, see Resolution Book Mo. 55,
page 609.)
Mr. Musser moved the adoption of Resolution No.
31907-031494. The motion was seconded by Mr. Harvey and
adopted by the following vote:
582
ACTION:
AYES: Council Members Musser, Bowles, Edwards,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member White was absent.)
Mr. Musser offered the following resolution:
(#31908-031494) A RESOLUTION authorizing execution
of an agreement between the City of Roanoke, Fifth
District Employment and Training Consortium and First
Union National Bank of Virginia in connection with
training incentive funds for Jobs located in the City's
Enterprise Zone.
(For full text of Resolution, see Resolution Book No. 55,
page 610.)
Mr. Musser moved the adoption of Resolution No.
31908-031494. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, Bowles, Edwards,
Harvey, McCadden and Mayor Bowers 6.
NAYS: Nome- 0.
(Council Member White was absent.)
BUDGET-FIRE DEPARTMENT-CMERP-EMERGENCY MEDICAL
SERVICES-CONSULTANTS REPORTS: The City Manager submitted
a written report with regard to procurement of
Professional Facilitation Services for the Fire and
Emergency Medical Services Planning Project, advising
that Council was informed on August 27, 1993, of the
commencement of a major planning process regarding the
delivery of fire and emergency medical services; that a
16-member Fire and Emergency Medical Services Planning
Team was formed to oversee the planning process; that the
result of the planning process will be the development of
strategic, operational and capital plans to guarantee
that critical services are delivered at the most
appropriate levels and at maximum cost effectiveness; and
Council was also advised of the need to procure
professional facilitation services to guide the planning
process, with $75,000.00 having been allocated in the
Capital Maintenance and Equipment Replacement Program
(CMERP) for this purpose.
583
ACTION=
It was explained that following proper
advertisement, six proposals were received and opened by
a selection committee; that all six firms were
interviewed; that CenPenn Systems was deemed to be the
most qualified offeror; and the selection committee
negotiated a fair and reasonable price for services to be
rendered.
The City Manager recommended that Council award a
contract for professional facilitation services for the
Fire and Emergency Medical Services planning process to
CenPenn Systems at a cost of $69,960.00; and that
$69,960.00 be appropriated from the Capital Maintenance
and Equipment Replacement Program to Account No. 001-050-
1260-2010.
(For full text, see report on file in the City Clerk's
Office.)
Mr. McCadden offered the following emergency budget
ordinance:
(%31909-031494) AN ORDINANCE to amend and reordain
certain sections of the 1993-94 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see ordinance Book No. 55,
page 610.)
Mr. McCadden moved the adoption of Ordinance No.
31909-031494. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
NAYS: None
Bowles, Edwards,
6.
e
(Council Member White was absent.)
Mr. McCadden offered the following resolution:
(%31910-031494) A RESOLUTION authorizing execution
of an agreement with CenPenn Systems for professional
facilitation services for the Fire and Emergency Medical
Services planning process.
(For full text of Resolution, see Resolution Book No. 55,
page 611.)
584
ACTION:
Mr. McCadden moved the adoption of Resolution No.
31910-031494. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Musser, Bowles, Edwards,
Harvey, McCadden and Mayor Bowers- 6.
NAYS: None. -0.
(Council Member White was absent.)
REPORTS OF COMMITTEES:
PURCHASE/SALE OF PROPERTY-SEWERS AND STORM DRAINS-
EASEMENTS-APPALACHIAN POWER COMPANY-DONATIONS/
CONTRIBUTIONS-FIRE DEPARTMENT-C & P TELEPHONE COMPANY-
WATER RESOURCES-STREETS AND ALLEYS-PARKSANDRECREATION:
Council Member Elizabeth T. Bowles, Chairperson of the
Water Resources Committee, presented a written report on
behalf of the Committee, with regard to Route 117, Peters
Creek Road Extension Project.
A staff report advised that alignment of the project
to extend Peters Creek Road from Melrose Avenue, N. W.,
to Brandon Avenue, S. W., by the Virginia Department of
Transportation (VDOT) was approved by Council on March 5,
1990; that acquisition of right-of-way for the project by
VDOT is currently underway; that use of portions of City-
owned Strauss Park was also approved by Council on
March 5, 1990; and use of a portion of frontage for
public utility easement for the future fire station site
on Aerial way Drive, S. W., by Appalachian Power Company
(APCO) was authorized by Council, pursuant to Ordinance
No. 31759-110893, adopted November 8, 1993.
It was further advised that a request for use of the
following City-owned parcels for Peters Creek Road
Extension has been received from the Virginia Department
of Transportation:
Parcel 007, future City fire station site,
Official Tax No. 5200112, on Aerial Way Drive;
Parcel 035, Strauss Park property, Official
Tax No. 6030109, west of Peters Creek; and
585
ii
ACTION:
Parcel 055, City-owned parcel, Official Tax
No. 2762702, containing 0.037 acre located on
the west side of existing Peters Creek Road,
N. W., near its intersection with Melrose
Avenue, N. E., to be acquired for street
right-of-way.
It was pointed out that a request for use of a
portion of frontage of the future fire station site for
a public utility easement, identical to the easement
provided to Appalachian Power Company, has also been
received from C & P Telephone Company.
The Water Resources Committee ~ecommended that
Council authorize the appropriate City officials to
execute and attest deeds from the Virginia Department of
Transportation and C & P Telephone Company as
abovedescribed.
(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:
(%31911) AN ORDINANCE authorizing the donation and
conveyance of certain City-owned property for permanent
right-of-way, a storm drain easement, and temporary
construction easements to the Commonwealth of Virginia,
and a permanent easement to the Chesapeake and Potomac
Telephone Company, for use in the Peters Creek Road
Extension Project (Project No. 0117-128-F01, RW-201),
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 2.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Musser, Bowles, Edwards,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None 0.
(Council Member White was absent.)
586
ACTION~
PURCHASE/SALE OF PROPERTY-EASEMENTS-CITY PROPERTY-
STREETS AND ALLEYS-SIDEWALK/CURB AND GUTTER: Council
Member Elizabeth T. Bowles, Chairperson of the Water
Resources Committee, presented a written report on behalf
of the Committee, with regard to transfer by quitclaim
deed for City-owned property on Hollins Road.
A staff report advised that Hollins Road, N. E.
bridge improvement originally included curb and gutter
alon5 portions of Hollins Road, and as such, a parcel of
ianu, described as Official Tax No. 3140813, was
purchased by the City, at a cost of approximately
$540.00, for a drainage easement to Tinker Creek to drain
the roadway; that excessive cost estimates necessitated
the redesign of the bridge project to eliminate the curb
and gutter, and to narrow the roadway design; that with
the redesigned roadway, the property previously purchased
to be used as a drainage easement was no longer needed;
and a severe drainage problem was encountered during
construction and a change order, in the amount of
$1,200.00, was prepared to compensate Waddell Brothers
Co., Inc., for installation of a paved flume down the
roadway embankment.
It was further advised that Waddell Brothers Co.,
Inc., has requested that the City transfer the lot
purcllased by the City, described as Official Tax No.
3140813, to their ownership rather than the City paying
$1,200.00 for the paved flume previously installed; that
the lot has no intrinsic value to the City other than for
the drainage easement that was recorded on the property;
that Waddell Brothers Co., Inc., owns two adjacent lots
and plans to use the lot to improve access to its current
operation; and current assessed valuation is $2,000.00.
The Water Resources Committee recommended that
Council authorize the transfer by quitclaim deed of City-
owned property, described as Official Tax No. 3140813, to
Waddell Brothers Co., Inc., as compensation for
installation of a paved flume.
(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:
(#31912) AN ORDINANCE providing for conveyance by
quitclaim deed of City-owned property located on Hollins
Road, N. E., bearing Official Tax No. 3140813, to Waddell
Brothers Co., Inc., upon certain terms and conditions.
587
II
'1
AC?I ON:
(For full text of Ordinance, see Ordinance Book No. 54,
page 3.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
NAYS: None
Bowles, Edwards,
6.
(Council Member White was absent.)
PURCHASE/SALE OF PROPERTY-EASEMENTS-PIPE LINES/
STORAGE TANKS-PARKS AND RECREATION-ROaNOKE GAS COMPANY-
WATER RESOURCES-CHURCHES: Council Member Elizabeth T.
Bowles, Chairperson of the Water Resources Committee,
presented a written report on behalf of the Committee,
with regard to authorizing an easement for a new gas line
for Roanoke Gas Company across City-owned property in
Bennington Street, S. E.
A staff report advised that a gas main exists in
Bennington Street, S. E.; that a narrow strip of City-
owned park land between Bennington Street and the Roanoke
River blocks access by Roanoke Gas Company to an existing
easement in Jamestown Plaza Shopping Center; that gas
service has been requested by Family Bible Fellowship
which is located in Jamestown Plaza; that a request for
an easement 10 feet wide by 42.84 feet long across City-
owned property at the northerly end of Jamestown Plaza
has been received from Roanoke Gas Company; and appraisal
of the easement providedbyRoanoke Gas Company indicates
a fair market value of $38.00.
The Water Resources Committee recommended that
Council authorize the appropriate City officials to
execute a deed of easement granting a 10 foot wide by
42.84 foot long gas pipeline easement to Roanoke Gas
Company across City-owned property, identified as
Official Tax No. 4350701, for a one-time fee of $38.00.
(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:
588
(#31913) AN ORDINANCE authorizing execution of a
deed of easement granting the Roanoke Gas Company a gas
pipeline easement across City-owned property identified
by Official Tax No. 4350701, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 4.)
The motion was seconded by Mr. McCadden and adopted
by the following vote:
AYES: Council Members McCadden, Bowles, Edwards
and Mayor Bowers 4.
NAYS: Council Members Harvey and Musser .......... 2.
(Council Member White was absent.)
PURCHASE/SALE OF PROPERTY-SEWERS AND STORM DRAINS-
EASEMENTS-INDUSTRIES-CONSULTAntS REPORTS-WATERRESOURCES:
Council Member Elizabeth T. Bowles, Chairperson of the
Water Resources Committee, presented a written report on
behalf of the Committee, with regard to the acquisition
of a sanitary sewer and water easement from Louise F.
Kegley for real estate located in the Roanoke Centre for
Industry and Technology.
A staff report advised that City Council authorized
the purchase of approximately 140 acres of property on
September 11, 1989, which is referred to as the "RCIT
Addition"; that an engineering service contract with
Mattern & Craig, Inc., was executed to prepare plans for
utility and roadway design at the RCIT Addition; that
inasmuch as a sewer and water easement is required, it is
necessary for Council to authorize the acquisition of the
real estate interest required for said project; and value
of the required easement has been established through
negotiations.
The Water Resources Committee recommended that
Council authorize the City Manager to acquire a sanitary
sewer and water easement across property owned by
Louise F. Kegley, designated as Official Tax No. 7250101,
in the amount of $4,500.00, which real estate interest is
required for extension of the sanitary sewer line and
water line in the Roanoke Centre for Industry and
Technology.
(For full text, see reports on file in the City Clerk's
Office.)
589
ACTION:
Mrs. Bowles offered the following emergency
ordinance:
(#31914-031494) AN ORDINANCE providing for
acquisition of permanent and temporary construction
easements across property owned by Louise F. Kegley and
designated Roanoke City Official Tax No. 7250101, needed
by the City for extension of the sanitary sewer and water
line located in the Roanoke Centre for Industry and
Technology; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 55,
page 612.)
Mrs. Bowles moved the adoption of Ordinance No.
31914-031494. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, Bowles, Edwards,
Harvey, McCadden and Mayor Bowers --- 6.
NAYS: None-
(Council Member White was absent.) UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
INSURANCE-CITY PROPERTY-SPECIAL PERMITS-WATER
RESOURCES-STREETS AND ALLEYS: Ordinance No. 31884
granting a conditional permit for an existing structure
encroaching over and into the alley located adjacent to
1134 Highland Avenue, S. E., designated as Official Tax
No. 4121107, owned by Robert H. Malone, Sr., as more
fully described in a report of the Water Resources
Committee under date of February 28, 1994, upon certain
terms and conditions, having previously been before the
Council for its first reading on Monday, March 7, 1994,
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:
590
ACTION:
ACTION:
(#31884-031494) AN ORDINANCE granting a conditional
permit for an existing structure encroaching over and
into the alley located adjacent to 1134 Highland Avenue,
S. E., Official Tax No. 4121107, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 593.)
Mr. Musser moved the adoption of Ordinance No.
31884-031494. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Musser, Bowles, Edwards,
Harvey, McCadden and Mayor Bowers 6.
NAYS: None
(Council Member White was absent.)
INSURANCE-CITY PROPERTY-SPECIAL PERMITS-WATER
RESOURCES-STREETS AND ALLEYS: Ordinance No. 31885
granting a conditional permit for an existing structure
encroaching over and into the public right-of-way of
Arbutus Lane, located adjacent to 2120 Carter Road,
S. W., Official Tax No. 1540409, owned by James E. and
Cynthia A. Griffith, upon certain terms and conditions,
as more fully described in a report to the Water
Resources Committee under date of February 28, 1994,
having previously been before the Council for its first
reading on Monday, March 7, 1994, read and adopted on its
first reading and laid over, was again before the body,
Mr. Harvey offering the following for its second reading
and final adoption:
(#31885-031494) AN ORDINANCE granting a conditional
permit for an existing structure encroaching over and
into the public right-of-way of Arbutus Lane, located
adjacent to 2120 Carter Road, S. W., Official Tax No.
1540409, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 595.)
Mr. Harvey moved the adoption of Ordinance No.
31885-031494. The motion was seconded by Mr. McCadden
and adopted by the following vote:
591
ACTION:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers
NAYS: None
Bowles, Edwards,
6.
-0.
(Council Member White was absent.)
PURCHASE/SALE OF PROPERTY-SEWERS AND STORM DRAINS-
EASEMENTS-CITY pROPERTY-INDUSTRIES-UTILITIES: Ordinance
No. 31886 authorizing execution of certain documents
relating to the exchange of a City~owned unused portion
of right-of-way near Blue Hills Circle in the Roanoke
Centre for Industry and Technology, for a 20 foot wide
sanitary easement over and through property identified by
Roanoke City Tax Map No. 737010 and owned by Blue Hills
Golf Corporation, upon certain terms and conditions, as
more particularly described in a report of the Water
Resources Committee under date of February 28, 1994,
having previously been before the Council for its first
reading on Monday, March 7, 1994, read and adopted on its
first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading
and final adoption:
(#31886-031494) AN ORDINANCE authorizing the
execution of certain documents relating to the exchange
of certain property between the City and Blue Hills Golf
Corporation, subject to various terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 596.)
Mrs. Bowles moved the adoption of Ordinance No.
31886-031494. The motion was seconded by Mr. McCadden
and adopted by the following vote:
AYES: Council Members Musser,
Harvey, McCadden and Mayor Bowers-
NAYS: None
Bowles, Edwards,
6.
(Council Member White was absent.)
SEWERS AND STORM DRAINS-EASEMENTS-CITY PROPERTY-
WATER RESOURCES: Ordinance No. 31888 authorizing
vacation and relocation of a sanitary sewer easement
across property located at 3110 Williamson Road, N. W.,
to be occupied by Crisis Pregnancy Center of the Roanoke
Valley, Inc., and acceptance and dedication of new
sanitary sewer easements across adjacent properties,
owned by Russell Glenn Obenshain and Sandra S. Obenshain,
592
ACTION:
ACTION:
Thelma D. Godsey, Ralph M. Spickard and Lorelei R.
Spickard and Gary H. Reaves, respectively, upon certain
terms and conditions, as more particularly described in
a report of the Water Resources Con~lttee under date of
February 28, 1994, having previously been before the
Council for its first reading on Monday, March 7, 1994,
read and adopted on its first reading and laid over, was
again before the body, Mr. McCadden offering the
following for its second reading and final adoption:
(#31888-031494) AN ORDINANCE authorizing vacation
and relocation of a sanitary sewer easement across
property located at 3110 Williamson Road, and acceptance
and dedication of new sanitary sewer easements across
five adjacent properties, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 54,
page 597.)
Mr. McCadden moved the adoption of Ordinance No.
31888-031494. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, Bowles, Edwards,
Harvey, M¢Cadden and Mayor Bowers 6.
NAYS: None, O.
(Council Member White was absent.)
DECEASED PERSONS-PARKS AND RECREATION-ACTS OF
ACKNOWLEDGEMENT: Mr. McCadden offered the following
resolution memorializing the late Robert M. McLelland, a
respected sports editor, coach and community leader:
(#31915-031494) A RESOLUTION memorializing the late
Robert M. McLelland.
(For full text of Resolution, see Resolution Book No. 55,
page 613.)
Mr. McCadden moved the adoption of Resolution No.
31915-031494. The motion was seconded by Mr. Edwards and
adopted by the following vote:
593
ACTION:
AYES: Council Members Musser, Bowles, Edwards,
Harvey, McCadden and Mayor Bowers .... -6.
NAYS: None
e
(Council Member White was absent.)
DECEASED PERSONS-SEGREGATION/INTEGRATION-ACTS OF
ACKNOWLEDGEMENT-VIRGINIA TECH-RIVER PARKWAY/EXPLORE PARK-
CENTER IN THE SQUARE-STREETS AND ALLEYS: Mrs. Bowles
offered the following resolution memorializing the late
John W. Hancock, Jr., a distinguished citizen of the City
of Roanoke:
(#31916-031494) A RESOLUTION memorializing the late
John W. Hancock, Jr.
(For full text of Resolution, see Resolution Book No. 55,
page 614.)
Mrs. Bowles moved the adoption of Resolution No.
31916-031494. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Musser, Bowles, Edwards,
Harvey, McCadden and Mayor Bowers ......... 6.
NAYS: None ........ 0.
(Council Member White was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: The City Attorney
was requested to prepare the proper measure commending
the William Fleming High School basketball team for
placing second in the Group AAA Boys' Basketball
Championship Game on Saturday, March 12, 1994, at
University Hall in Charlottesville, Virginia.
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: The Members of
Council requested that Dominick Millner, a student at
William Fleming High School, who placed second in the
long Jump category at the National Scholastic Track and
Field Championship in Syracuse, New York, on Sunday,
March 13, 1994, be invited to attend the City Council
meeting on Monday, March 21, 1994, for appropriate
recognition.
594
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: The Mayor was
requested to forward a letter of congratulations to the
Salem High School basketball team for winning the G~oup
AA Boys' State Championship on Saturday, March 12, 1994,
at University Hall in Charlottesville, Virginia.
OTHER HEARINGS OF CITIZENS:
HUMAN DEVELOPMENT-TAXES-HOUSINC/AUTHORITY-PLANNING-
GRANTS-ENTERPRISE ZONE-MINORITY/WOMEN-OWNED BUSINESSES-
ROANOKE NEIGHBORHOOD PARTNERSHIP: Ms. Evelyn D. Bethel,
35 Patton Avenue, N. E., appeared before Council in
connection with a previous matter relating to the Urban
Empowerment Zone and Enterprise Communities Program (see
pages 579 - 581) and inquired if creation of the
Enterprise Communities will adversely impact upon
Gainsboro's eligibility for historic preservation
designation. In connection with establishment of the
Enterprise Communities, she requested that the Historic
Gainsboro Preservation District, Inc. Proposed
Revitalization Plan, which was submitted to City
officials approximately two years ago, be incorporated
into any plans for the Gainsboro area. In reference to
securing professional services, she inquired if citizens
will have the opportunity to submit names for
consideration by the City. She also inquired as to the
criteria used in selecting those individuals and
organizations that represented the City at meetings with
regard to the Urban Empowerment Zone, and Enterprise
Communities Program, which were sponsored by the
Department of Housing and Urban Development in
Washington, D. C., and Atlanta, Georgia.
Ms. Bethel also inquired if the Enterprise Zones
dealing with training incentives pertain to a zone that
has already been established, or only to that which is
identified in a report of the City Manager which was
considered earlier in the meeting (see pages 16 - 18).
Ms. Helen E. Davis, 35 Patton Avenue, N. E.,
appeared before Council and inquired as to the boundary
line used by the City to identify the Gainsboro area, and
which portion within the boundary is to be nominated for
designation as an Enterprise Community. She also
inquired as to how residents of Gainsboro will be assured
that the residential neighborhoods will not be destroyed
by undesirable businesses, and what control will
residents have in determining the size and type of
businesses that locate in the neighborhoods.
595
ACTION:
ACTION:
The Mayor requested that the above remarks be made
a part of the City's official records and referred to the
City Manager for appropriate response.
At 9:15 p.m., the Mayor declared the meeting in
recess.
At 10:10 p.m., the meeting reconvened in the Council
Chamber, with Mayor Bowers presiding, and all Members of
the Council in attendance, with the exception of Council
Member White.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Edwards moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Ex,~cutive Session was convened were heard, discussed or
corsidered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, Bowles, Edwards,
Harvey, McCadden and Mayor Bowers ..... 6.
NAYS: None-
(Council Member White was absent.)
OATHS OF OFFiCE-COMMiTTEES-HOUSING/AUTHORITY: The
Mayor advised that there is a vacancy on the Fair Housing
Board, created by the resignation of Paul C. Dress, for
a term ending March 31, 1997, and called for nominations
to fill the vacancy.
Mr. McCadden placed in nomination the name of Acree
Hayes.
There being no further nominations, Mr. Hayes was
elected as a member of the Fair Housing Board, for a term
ending March 31, 1997, by the following vote:
FOR MR. HAYES: Council Members Musser, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers 6.
(Council Member White was absent.)
596
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The
Mayor advised that the three year term of G. David Nixon
as a member of the Fair Housing Board will expire on
March 31, 1994, and called for nominations to fill the
vacancy.
Mr. McCadden placed in nomination the name of
G. David Dixon.
ACTION:
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, 1997, by the
following vote:
FOR MR. NIXON: Council Members Musser, Bowles,
Edwards, Harvey, McCadden and Mayor Bowers-- 6.
(Council Member White was absent.)
There being no further business, the Mayor declared the
meeting adjourned at 10:15 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
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